So you’ve received a Party Wall Award – and you’re not happy.
Maybe you feel it’s unfair, maybe something important is missing, or you’re being told it’s “wrong in law”.
The good news: the Party Wall etc. Act 1996 does give you a right of appeal.
The bad news: that right is tightly time‑limited, potentially expensive, and not designed for “I just don’t like it” complaints.
Let’s break it all down in plain English.
1. Why can a Party Wall Award be appealed at all?
A Party Wall Award is a powerful legal document. It can:
- Authorise works that affect another person’s property
- Impose obligations on both owners
- Allocate responsibility for costs and fees
- Set out how damage, access and method of work will be handled
Because surveyors (not judges) are making binding decisions, Parliament built in a safety valve: the right to ask the County Court to step in where an Award is improper, unlawful or defective.
That safety valve is found in Section 10(17) of the Act.
2. What the Act actually says – Section 10(17)
Section 10(17) of the Party Wall etc. Act 1996 confirms:
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.
Key takeaways:
- Either owner (building owner or adjoining owner) can appeal.
- The appeal must go to the County Court.
- The court can:
- Cancel the Award, or
- Modify parts of it, and
- Decide who pays the legal costs of the appeal.
This is a formal court process, not a casual complaint.
3. The brutal reality: timing is everything
The time limit is extremely tight:
- You have 14 days from the date the Award is served on you.
- In practice, most professionals allow an extra 2 days for postal delay – giving a total of 16 days from service to get an appeal issued at court.
Important practical points:
- That 14‑day clock starts when the Award is served, not when you first open or read it.
- If you’re considering an appeal, you need to act immediately – not “have a think for a week and see”.
- You will almost certainly need a solicitor or barrister who understands party wall law. They also need time to:
- Read the Award
- Understand the underlying dispute
- Assess whether you have solid legal grounds
Leave it too late and the window will close – permanently.
4. What isn’t a valid reason to appeal?
This is crucial:
“I don’t like it” is not enough.
The County Court is not there to re‑write every Award just because one owner is unhappy with the outcome.
Weak grounds include:
- “I think the surveyors favoured the other side.”
- “I don’t like the working hours.”
- “I feel the costs are high but I have no real basis for saying they’re unreasonable.”
- “I’ve just changed my mind about the works.”
A party wall appeal is not a second bite of the cherry where you relitigate every judgment call the surveyors made.
5. What are typical grounds of appeal?
Whilst every case is different, common potential grounds (subject to legal confirmation) include situations where:
- The surveyors went beyond their jurisdiction
- e.g. Determining matters the Act doesn’t give them power over.
- The Award appears to conflict with the Act itself
- e.g. Allocating costs in a way that ignores clear statutory provisions.
- There are obvious procedural defects
- e.g. One surveyor making an Award when he had no valid appointment.
- The Award is internally inconsistent or unworkable
- e.g. Clauses that contradict one another to the point they can’t sensibly be followed.
- There is a clear failure to deal with a dispute that should have been resolved under the Act.
Whether any of the above applies in your situation is a legal question that needs proper advice from someone experienced in party wall case law.
6. The cost and risk of appealing
Appeals are not cheap and not low‑risk.
If you bring an appeal and lose, the court can:
- Order you to pay your own legal costs, and
- Order you to pay the other owner’s legal costs, and
- Potentially leave you liable for any provable losses caused by delayed works
(e.g. scaffolding hire, skip hire, contractor delay costs or other liquidated damages).
Appeals that succeed are usually:
- Properly prepared
- Based on clear, identifiable legal errors
- Supported by a specialist legal team
Appeals brought out of anger or principle, without solid legal foundations, can be very expensive mistakes.
7. Practical steps if you’re considering an appeal
If you’re seriously thinking about appealing your Party Wall Award, we’d suggest the following sequence:
- Note the dates immediately
- Date on the Award
- Date it was emailed/posted
- Date you actually received it
- Get legal advice fast
- Instruct a solicitor or barrister with party wall experience.
- Share the Award, notices, correspondence and any previous advice.
- Ask the right questions
- Has the surveyor (or surveyors) acted outside their powers?
- Is there a clear error of law or jurisdiction?
- Are the prospects of success realistic – and worth the cost?
- Consider proportionality
- Are you challenging a fundamentally flawed Award, or just one clause you dislike?
- Will the potential “win” justify the time, stress and cost?
- Decide quickly and commit
- If you’re going to appeal, you must be organised, decisive and ready to fund it.
- If you’re not, it’s usually better to accept the Award and rely on its protections going forward.
8. Are there alternatives to an appeal?
Yes – and they’re often more sensible:
- Clarification or supplemental award
- Where wording is unclear, surveyors can sometimes tidy it up by a further Award.
- Live with it and move on
- In many cases, the best decision is to accept the Award and focus on making sure it’s properly followed, rather than trying to unpick it in court.
Simple Survey – Need Help Understanding or Stress‑Testing an Award?
If you’ve received a Party Wall Award and you’re:
- Worried it might be wrong or unfair
- Unsure whether to accept it, challenge it, or seek clarification
- Looking for calm, impartial guidance before you take a big step like an appeal
we’re here to help you understand your position in plain English.
We can’t act as your solicitor (and an appeal absolutely needs legal input), but we can:
- Explain what the Award is actually doing,
- Highlight areas that may need legal review, and
- Help you organise your documents so your legal team can move quickly.
Simple Survey are experienced, RICS qualified and nationwide, with clear, fixed‑fee party wall services.
Simple Survey – Fixed Nationwide Cost Chart
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | ÂŁ25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | ÂŁ300 |
| Building Owner’s Surveyor Award | Acting for Building Owner in a two‑surveyor appointment | £300 |
Fees are a guide for typical residential projects. For more complex or higher‑risk schemes, we’ll confirm a tailored fixed fee upfront – still transparent and still fixed.
FAQ – Party Wall Award Appeals
Q1: Can I appeal just because I don’t like the Award?
Not realistically. The County Court expects proper legal grounds – usually around jurisdiction, legal error, or a fundamental defect. Simply disliking the outcome is not enough and is unlikely to succeed.
Q2: Does appealing automatically stop the building works?
No. An appeal does not automatically stay the effect of the Award. You may need to seek additional legal measures (for example, an injunction or stay), which is why getting early legal advice is so important.
Q3: Can I appeal a Third Surveyor’s Award as well?
Yes. An Award made by a Third Surveyor can also be appealed under Section 10(17), on the same type of grounds, within the same 14‑day window from service (plus typical 2‑day allowance for post).
Q4: What happens if I miss the 14‑day deadline?
In practical terms, the right of appeal is lost. The Award will stand and remain binding. This is why it’s essential to act promptly as soon as the Award is served.
Q5: Who do I actually appeal against – my neighbour or the surveyors?
The appeal is brought against the Award, with your neighbour (the other party to the dispute) as the opposing party, not the surveyors personally. The court looks at whether the Award itself should be rescinded, modified or left as it is.
If you’d like help understanding your Award before deciding what to do next, drop us a line at team@simplesurvey.co.uk and we’ll gladly talk it through with you.