Can a Party Wall Award include legal costs?
Short answer
Start with the actual work, the statutory provision engaged and the facts of the particular matter.
Act: s10(13)
Case law: Reeves v Blake [2009] EWCA Civ 611
Government guidance: identified separately where relevant
Industry practice: considered separately and not treated as law.
What the Act actually requires
Start with the statutory provision identified above and apply it to the actual works, notice, appointment, Award and facts. A template or customary surveying practice does not create a statutory requirement.
What the courts have said
Reeves v Blake [2009] EWCA Civ 611 is relevant to this problem. The authority should be used for the proposition it actually decides, rather than treated as a universal rule.
Read the case → Party Wall Case Law Library
What Government guidance says
Government guidance can help explain the Act, but it is guidance rather than an authoritative interpretation of the law. The Act and relevant judgments take priority.
What is common practice?
Common practice is not the legal test. Surveying practice may provide a sensible procedure, but the question remains whether it is correct, necessary and supported in this particular case.
What should you do now?
Identify the precise statutory issue, preserve the relevant documents and evidence, and identify the practical decision actually required. If a surveyor is involved, ask for the statutory basis of any disputed requirement.
What should you NOT do?
Do not assume that a template, professional-body guidance, a previous Award or “the way it is normally done” creates a legal requirement.
Editorial test: Is it correct, necessary and supported in this particular case?
Related Party Wall Problems
Understand the law → Party Wall Knowledge Base
Read the authority → Party Wall Case Law Library
Need professional help? → Coburns Party Wall
This page is provided by Coburns Party Wall for general information and educational purposes only. It is not legal advice and is not a substitute for advice on the facts of a particular matter. Party wall matters are fact-sensitive and the application of the Party Wall etc. Act 1996 may depend on the works, notices, ownership, appointments, drawings, agreements, awards and surrounding circumstances. Case summaries and practical guidance simplify potentially complex legal issues and should not be relied upon instead of the legislation, relevant judgments or appropriate professional or legal advice. If court proceedings, an injunction, an appeal or another legal remedy may be required, obtain appropriate legal advice promptly. Coburns Party Wall accepts no responsibility for loss arising from reliance on this resource without appropriate consideration of the particular circumstances.