An ex parte Party Wall Award is an Award made in the absence of one party’s participation—most commonly where the adjoining owner (or their surveyor) fails to engage with the statutory process. The phrase ex parte is a practical description used in the industry to explain that the Award has been progressed without input from the other side, using the Act’s procedures to prevent the process from stalling.
Importantly, an ex parte Award is not a “shortcut” and it is not intended to disadvantage anyone. The surveyor(s) must still act properly under the Act, and the Award should be prepared on the basis of reasonableness, evidence, and risk management, even where one owner has not responded.
Why ex parte Awards exist
The Party Wall etc. Act 1996 is designed so that notifiable works cannot be blocked simply by non-response. If an adjoining owner does not give written consent within the relevant response window, the Act provides a clear dispute-resolution procedure through surveyors.
The most common situation: the adjoining owner does not respond
In straightforward terms, the usual pathway is:
1) A Party Wall Notice is served
The building owner serves a valid notice describing the proposed notifiable works.
2) No written response within 14 days
If there is no written consent within 14 days, the matter is treated as a dispute for the purposes of the Act, and the surveyor process applies.
3) A formal request is made for the adjoining owner to appoint a surveyor
The adjoining owner is given the opportunity to appoint a surveyor as required by the dispute-resolution provisions in section 10.
4) If they still do not appoint, a surveyor can be appointed on their behalf
Section 10 provides a mechanism that allows a surveyor to be appointed on behalf of the non-responsive adjoining owner after the statutory request period has passed, so the matter can proceed and an Award can be made.
5) The surveyors proceed to agree and serve an Award
The appointed surveyors review the information, agree appropriate safeguards, and serve the Award. Where access is possible, they will usually seek to undertake a Schedule of Condition inspection to document the adjoining property’s pre-works condition.
Another scenario: a surveyor fails to engage
Ex parte is also sometimes used to describe situations where:
- two surveyors are appointed, but one surveyor does not engage or progress matters, and
- the process is advanced using the statutory mechanisms available (including the Third Surveyor route where appropriate), rather than allowing the matter to drift indefinitely.
Is an ex parte Award valid and enforceable?
It can be, provided the statutory steps have been followed correctly—particularly around proper service of notices and the section 10 procedure.
As with any Party Wall Award, there is a statutory right to appeal to the County Court within 14 days of service (time limits are strict).
Key professional safeguards (best practice)
Because one party hasn’t actively participated, good practice is to ensure the file is especially robust:
- Clear evidence of service for the notice and subsequent correspondence
- A documented effort to encourage engagement and facilitate access
- A properly considered Award with proportionate safeguards, not a “rubber stamp”
- A Schedule of Condition where access can be obtained—or clear records of attempts where it cannot
This protects both owners and reduces the risk of avoidable challenge later.
If you’re dealing with a non-responsive neighbour and want to understand the correct, compliant route, you can email mail@howorth.uk or call 07794 400 212 for practical guidance.