Today, we’re focusing on how to appeal a Party Wall Award, including what Section 10(17) of the Party Wall Act 1996 says about the appeals process.
The law allows either party involved in a dispute to challenge an Award by appealing to the County Court within 14 days of its issuance. If successful, the County Court can:
- Cancel or adjust the Award as it deems appropriate.
- Decide who will bear the costs, based on the court’s discretion.
But how does this process actually work, and is it worth pursuing?
Risks of Appealing a Party Wall Award
Before you decide to appeal, it’s essential to understand the risks. An appeal is contentious litigation—there’s always a winner and a loser. From experience, we’ve found that even when you technically “win” an appeal, the outcome isn’t always beneficial in the long run.
A common misconception is that if you win the case, the losing party will cover your legal fees. However, this is rarely the case. Legal professionals often advise that the odds of success are no better than 70%, meaning you may still end up with significant costs to cover.
Appealing a Party Wall Award is costly—often between £16,500 and £33,000, depending on the complexity of the case. The court will assess the costs incurred and determine what’s reasonable for the losing party to pay. This financial uncertainty is one reason why we recommend that you have a solid financial backup or legal insurance before proceeding.
The Appeal Time Limit
Yes, you do have a time limit! You must file an appeal within 14 days of receiving the Award. Missing this window means you can no longer appeal. It’s a good idea to consult a legal professional as soon as possible to discuss your options. This initial advice is often free and could potentially save you thousands of pounds in the future.
How Do You Appeal a Party Wall Award?
The first step is to seek advice from a legal expert to confirm whether you have a valid case. If so, you’ll need to complete an Appellant’s Notice (form N161) and submit it to your local County Court, along with a £140 filing fee. The form must also be served to the other party and the surveyors involved in the dispute.
Should You Request a Stay of the Appeal?
On the N161 form, you’ll find an option to request a temporary stay (pause) on the appeal for 4-6 weeks. This allows both parties some breathing room to negotiate a potential settlement without the immediate pressure of legal proceedings. We recommend requesting a stay and attempting to resolve the issue amicably before investing in expensive legal costs.
What Happens After Filing the Appeal?
Once the appeal is filed, expect to wait. The hearing can take up to 12 months, and even then, you may not receive an immediate judgment. You could face another 3-6 weeks before the final decision is made, along with a cost breakdown.
Final Thoughts
We strongly believe that appealing a Party Wall Award should be approached with caution. While there are situations where an appeal might be necessary, the financial risks and stress on relationships with neighbors can often outweigh the benefits. Most issues with an Award are minor enough to resolve without heading to court. However, if you’re considering an appeal, always seek expert legal advice first!
Looking to resolve your Party Wall dispute more efficiently? Whether you’re facing an appeal or navigating the complexities of the Party Wall Act, Simple Survey is here to help you through every step. Contact us today for professional advice and solutions tailored to your needs.