If you have received a Party Wall Award and believe it is wrong, it’s important to act quickly. Under section 10(17) of the Party Wall etc. Act 1996, you only have 14 days from service of the Award to lodge an appeal in the County Court. Once that deadline passes, the Award usually becomes final and binding.
This guide explains when an appeal may be appropriate, the key grounds on which an Award can be challenged, and the practical steps involved.
The 14-Day Deadline
- The 14 days run from the date the Award is served on you, not the date it was written.
- “Service” can be in person, by post to your address, or electronically (if you have agreed to receive documents that way).
- Always keep envelopes, postmarks, or email headers as proof of when the Award was received.
Should You Appeal?
Appeals are litigation, with costs and risks attached. Before deciding, consider:
- Was a valid Party Wall Notice served? If not, the Act may not apply and the Award could be invalid.
- Were party wall surveyors properly appointed in writing? Defective appointments may undermine jurisdiction.
- Was there a genuine dispute to resolve? Without one, surveyors may have acted beyond their powers.
- Did the surveyors apply the law correctly — for example, when awarding compensation?
- Was the process fair and impartial? Failure to allow both parties to be heard may be grounds to appeal.
If your concerns fall into one or more of these categories, your case for appeal may be stronger.
The Appeal Process
- File an appeal at the County Court using Form N161 (Appellant’s Notice), with your grounds clearly set out.
- Attach evidence: the Award, surveyor appointments, notices, correspondence, and any supporting documents.
- Pay the court fee (check the latest HMCTS guidance for current costs).
- Serve the papers on the other party in accordance with court rules.
- Apply for a stay if you want works paused while the appeal is ongoing — there is no automatic suspension.
Grounds Commonly Used to Appeal
- No jurisdiction: “No notice, no Act.” Without a valid notice, surveyors have no authority.
- Defective appointments: Invalid appointments can make the Award unenforceable.
- No true dispute: A further Award requires a fresh dispute.
- Legal or procedural error: Surveyors must apply section 7(2) on compensation correctly and stay within the Act’s scope.
- Unfair process: If one side was denied the opportunity to comment, this may amount to procedural unfairness.
Alternatives to Appeal
Sometimes, disputes can be resolved without going to court. Options include:
- Requesting a further Award if new damage or issues arise
- Referring matters to the third surveyor if two surveyors cannot agree
- Negotiating practical solutions (e.g. timing of works, access arrangements) through surveyors
FAQs
What does it mean to appeal a Party Wall Award?
Appealing a Party Wall Award means challenging the terms or decision made in the Award, often because one party believes it was unfair or made in error. Depending on the situation, you may need to refer to a third surveyor or negotiate a revised Award.
Who can appeal a Party Wall Award?
Usually, either the building owner, the adjoining owner, or both can seek to appeal or modify an Award — especially if there were procedural errors, misunderstandings, or significant omissions.
How much does it cost to appeal a Party Wall Award?
The cost depends on whether you need a third surveyor, how complex the changes are, and whether both parties are represented. Your party wall surveyor fees may increase, and the final allocation of costs is typically decided by the surveyors or under the Act.
Do I need a specialist surveyor to appeal an Award?
Yes — appointing an expert, impartial party wall award surveyor is critical. They understand the legal framework, technical issues, and how to prepare a revised or challenged Award correctly.
How long does the appeal process take?
It depends on the complexity of the Award, the availability of surveyors, and how much negotiation or dispute there is. It could take weeks or even months, depending on whether a third surveyor is required and how cooperative the parties are.
Final Thoughts
Appealing a Party Wall Award is possible, but it is a strict and technical process with risks of costs if you lose. Professional guidance is strongly recommended before you decide whether to proceed.
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