Being served with a Party Wall Award and feeling it’s “wrong” can be unsettling—especially if works are about to start or are already underway. Before you rush to court, here’s a clear, practical guide to how appeals work, whether an appeal is sensible in your case, and what to do next.
1) The clock is brutally short—act immediately
Under Section 10(17) of the Party Wall etc. Act 1996, you have 14 days from the date the Award is served to lodge an appeal in the county court.
Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award and the county court may—
(a) rescind the award or modify it in such manner as the court thinks fit; and
(b) make such order as to costs as the court thinks fit.
Most Awards are served by post, so allow the commonly applied additional 2 days for postage—but don’t rely on this to procrastinate. Preparing an appeal is involved and you will almost certainly need solicitor input.
Action now: diary the 14-day limit, contact a solicitor, and ask your surveyor for the full Award pack (including drawings, schedules, correspondence relied upon).
2) You must appeal on an error of law or jurisdiction—not dislike
A Party Wall Award is a technical, legally binding document. The court will not re-write it just because you don’t like the outcome. Grounds that can be argued typically include:
- Jurisdictional error (e.g., invalid notice or wrong addressee causing the Award to be made without proper jurisdiction).
- Procedural defect (e.g., failure to follow the Act’s mandatory steps).
- Ultra vires decisions (surveyors deciding matters outside their powers).
- Plain legal error on the face of the Award.
What won’t fly:
- “I think the working hours are too long.”
- “I don’t like hand-tool requirements / access limits.”
- “The surveyor’s fee is higher than I expected” (unless the fee decision itself is tainted by legal error).
If you cannot describe the specific error in one or two precise sentences, you probably don’t have appeal-grade grounds—explore cheaper and faster alternatives (see Section 6).
3) Understand the risk and exposure before filing
If you lose an appeal, the court can order you to pay the other side’s legal costs, and you may also be on the hook for provable liquidated losses caused by delay (for example scaffold hire, skip charges, contractor delay damages). Appeals can become expensive quickly.
Tread carefully: take specialist legal advice and ask for a written view on prospects of success.
4) Build a tight, evidence-led appeal file
If legal counsel considers you have viable grounds, assemble:
- The Award (drawings, appendices).
- The service evidence (how/when it was served).
- Notices and proof of service, responses, and 10-day letters.
- The surveyors’ appointments (to show valid/invalid appointment).
- Any correspondence relied upon in the Award.
- A short chronology and a crisp particulars of error.
Your solicitor will draft the claim, but this pack speeds preparation and reduces costs.
5) What to expect procedurally
- Issue in the county court within the 14-day window.
- The Award normally remains in force unless stayed by the court. Consider an interim stay application if the alleged error is serious and works are imminent.
- The court typically lists a short hearing to consider the legal point(s) and any directions.
- Outcome may be: upheld (appeal fails), set aside (Award falls), or remitted (sent back to surveyors to correct and re-issue).
6) Cheaper, faster alternatives to an appeal
If your concern is practical rather than legal, try these first:
- Request a further/additional Award to clarify or vary limited points (e.g., access phasing, protection measures, method statements) if circumstances genuinely changed.
- Surveyor-to-surveyor dialogue to agree a minor correction or amplification where both surveyors accept a drafting slip.
- Third Surveyor referral (where there are two surveyors) for a pinpoint issue; it’s still cheaper than a full court appeal.
These routes preserve momentum and are less adversarial.
7) After the appeal—what then?
- If you win: the Award (or the offending part) may be set aside or remitted for correction. Expect a fresh or amended Award before works continue.
- If you lose: the Award stands as drafted; you may be ordered to pay costs and the Building Owner can rely on the Award to proceed.
8) Common pitfalls we see
- Missing the 14-day limit. There’s no safety net—once it’s gone, it’s gone.
- Appealing on merits, not law. Dislike is not a legal ground.
- Underestimating cost risk. Even a short, unsuccessful appeal can be costly.
- Pausing all engagement. While you consider appeal, keep communicating—some issues can be solved with an additional Award.
Quick checklist
- Note the service date and 14-day deadline (+2 days post if applicable).
- Take legal advice immediately (send Award and notices).
- Identify a precise legal error (jurisdiction, procedure, ultra vires, etc.).
- Weigh cost/benefit and delay exposure (scaffold, contractor).
- Explore non-court fixes (additional Award / Third Surveyor).
- If proceeding, file on time and consider a stay if needed.
Simple Survey — fixed fees, qualified help (nationwide)
Simple Survey Costing (transparent & fixed):
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity & number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
We work to keep your neighbour’s surveyor’s hourly fees reasonable and contained.
Why us
- RICS-qualified building surveyors
- Nationwide coverage
- Fixed fees you can plan around
- Calm, impartial administration that keeps projects moving—and protects you if challenges arise.
Sense-check your appeal before you file
Email your Award to team@simplesurvey.co.uk. We’ll give you a fast, professional view on whether you have appeal-type grounds, suggest lower-cost alternatives where appropriate, and outline a fixed-fee plan to get you the quickest, safest resolution.