Overview
If one owner does not comply with a party wall award, the award can usually be enforced. Examples include failure to pay surveyors' fees, failure to pay compensation, refusal to allow access or failure to carry out required remedial works.
Enforcement is possible, but it should be approached sensibly because it involves time, upfront cost and some litigation risk.
1. Check the award
First, confirm that the award was properly made and served. Check exactly what it requires and whether any deadline has passed.
This may involve asking the surveyor to confirm the relevant clause, the date of service and the date for compliance.
Indicative cost: GBP0 to GBP250 if a short surveyor review is needed.
2. Send a letter before action
A formal letter should usually be sent before court action. It should identify the award, explain the breach, require compliance and warn that enforcement will follow if the breach is not corrected.
Sometimes the letter can be sent by the surveyor. In more serious cases, a solicitor's letter may be better.
Indicative cost: GBP0 to GBP600 depending on who prepares it.
3. County court enforcement
If the defaulting owner still does not comply, an application can be made to the county court. Section 17 of the Party Wall etc. Act 1996 allows sums awarded to be recovered as a debt.
The correct procedure depends on the type of breach. A payment dispute may be more straightforward than a dispute about access or remedial works.
Indicative cost: court fees plus around GBP1,000 to GBP3,000 for basic solicitor involvement, depending on complexity.
4. Hearing if contested
If the other owner contests enforcement, a hearing may be listed. A barrister may be instructed, and the surveyor may need to give evidence.
Indicative cost: GBP1,000 to GBP3,000 for junior counsel for a hearing, plus any solicitor and surveyor costs.
5. Judgment and recovery
If the court orders payment or compliance and the defaulting owner still refuses, further enforcement may be required. Options can include enforcement officers, bailiffs, charging orders or other court enforcement measures.
Who pays?
If enforcement succeeds, the defaulting owner may be ordered to pay costs. However, the applicant usually has to pay upfront and recover later. If the other owner cannot or will not pay, more enforcement may be needed.
Conclusion
A party wall award is enforceable, but enforcement should not be rushed into without checking the award and giving the defaulting owner a clear opportunity to comply. A strong letter will often resolve the issue without court proceedings.