What is an Ex-Parte Party Wall Award and When is it Used?
An ex parte award is a party wall award made by one surveyor acting alone, because the other owner or the other surveyor has failed to act. It exists so that one person's silence cannot stop lawful work indefinitely. It still binds both owners once served.
The two situations
The Act provides two routes to ex parte action, and they are easy to confuse. Both depend on a written request and a 10-day wait.
- An owner will not appoint a surveyor within 10 days after being asked in writing. The other owner may then appoint a surveyor on their behalf.
- A surveyor neglects to act for 10 days after being asked in writing. The other surveyor may then go ahead alone.
Why the paperwork matters
Ex parte steps only work if the written request was properly made and properly served. If the date of service is shaky, the award can be challenged.
Keep proof of posting or delivery. Keep copies of the request, any replies and a note of the dates.
What the single surveyor does
The surveyor who proceeds alone must still act fairly. They inspect what they can, consider the plans and produce an award that protects the absent owner's property, in the same way as if both sides had taken part.
The award is then served on both owners in the usual way.
Can it be challenged
Yes. Either owner has 14 days from receiving the award to appeal to the county court. An owner who ignored the process and now dislikes the result should not assume an appeal will succeed. Take legal advice quickly, because the time limit is short.
How to avoid it
If you have received a notice or a letter asking you to appoint a surveyor, answer it. Even a simple appointment stops the other side from choosing for you. If you cannot afford a surveyor, note that the building owner normally pays the reasonable fees of an adjoining owner's surveyor where the work is for their benefit.
Frequently asked questions
Is an ex parte award less valid than a normal one?
The Act treats it as taking effect like an award made by both surveyors, so it is not a lesser document. It can be appealed in the same way.
Can I stop it by replying late?
It depends on the timing and whether the other side has already acted. Do not rely on it. Get advice straight away.
Does it need a court?
No. The surveyor acts under the Act. A court only becomes involved on appeal or enforcement.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- A Guide to the Third Surveyor in Party Wall Procedures
- Agreed Surveyor vs Two Surveyors: The Legal Differences
- Step-by-Step Guide to Appointing a Party Wall Surveyor
- What Happens if a Neighbour Ignores a Party Wall Notice?
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.