A Party Wall Award is intended to resolve a statutory dispute.
That does not mean it can never be challenged.
Section 10(17) of the Party Wall etc. Act 1996 provides a specific appeal route to the County Court.
The most important feature of that appeal route is simple:
the deadline is very short.
How long do you have to appeal?
A party to the dispute may appeal within 14 days beginning with the day on which the Award is served on them.
That is why the date of service matters enormously.
GOV.UK also confirms that an owner who wishes to challenge an Award must appeal to the County Court within this statutory period.
What can the County Court do?
Under Section 10(17), the court may:
- rescind the Award;
- modify the Award; and
- make an order regarding costs.
The appeal is therefore capable of materially changing the statutory determination.
Should you appeal simply because you dislike the Award?
No.
An Award is not intended to guarantee that each owner receives everything they requested.
Surveyors exercise statutory judgment.
An owner should distinguish between:
- disagreement with the outcome;
- an arguable legal error;
- jurisdictional problems;
- procedural defects;
- unreasonable provisions; and
- simple dissatisfaction.
Appeals can create costs risk
GOV.UK specifically warns that appeals should not be undertaken lightly and unsuccessful appellants may face costs consequences.
Legal advice should therefore be obtained promptly if an appeal is being considered.
Do not spend the 14 days arguing with the surveyor
This is a major practical point.
An owner may spend a week emailing the Party Wall surveyor asking them to reconsider.
That does not necessarily stop the statutory appeal clock.
If the Award may need to be challenged, legal advice should be taken immediately.
Can the surveyor amend the Award instead?
Do not assume that asking a surveyor to revise an Award is a substitute for an appeal.
Once the Award has been made and served, jurisdiction becomes important.
Materially changing the determination may not be something the surveyor can simply do because one owner requests it.
What grounds might be relevant?
The correct grounds depend on the facts and should be considered by a solicitor or barrister.
Potential issues may include questions such as:
- whether the surveyors had jurisdiction;
- whether the Award determines matters outside the Act;
- whether proper procedure was followed;
- whether a statutory power has been misapplied; or
- whether a provision is otherwise legally defective.
This is legal territory.
What happens if you miss the deadline?
The Award is described by Section 10 as conclusive except through the statutory route.
Missing the 14-day appeal period can therefore have serious consequences.
Do not assume an ordinary complaint to the surveyor reopens the statutory time limit.
What if the Award has a spelling mistake?
A minor clerical error is very different from a substantive provision affecting legal rights.
The seriousness of the issue should be assessed proportionately.
Should building work continue during an appeal?
This is one reason legal advice is essential.
The filing of an appeal and the status of proposed works should be considered carefully in the circumstances.
Do not assume either that all work must stop automatically or that the Award can simply be ignored.
Simple Survey guidance
For the wider role and contents of Awards, see Simple Survey’s Party Wall Awards: The Complete Guide and Party Wall Awards – What’s Enforceable and What Isn’t.
The key point
If you believe a Party Wall Award needs to be challenged, the 14-day appeal period makes speed essential.
Do not allow informal correspondence to consume the statutory deadline.
Simple Survey can help
Simple Survey can explain the technical Party Wall background and provide the relevant documentation.
Where an appeal is contemplated, specialist legal advice should be obtained immediately.