The Party Wall etc. Act 1996 provides a legal framework to manage construction work affecting shared walls or boundaries. When a dispute arises between a building owner and an adjoining owner, surveyors are appointed to create a Party Wall Award, which is a legally binding document detailing how the work should proceed. But what happens if one party disagrees with the Award? In such cases, an appeal is possible—but it must follow a specific legal process.
This guide explains how to appeal a Party Wall Award in the UK, outlining the steps, timelines, and important considerations.
1. Understanding When You Can Appeal
A Party Wall Award is generally binding on both parties. However, you may consider an appeal in the following situations:
- Legal or procedural errors: If the Award was made incorrectly under the Party Wall Act, or if there was a failure to follow proper procedures.
- Conflict of interest: If the surveyor acted in a biased or negligent manner.
- Errors in assessment: If the Award contains mistakes regarding structural risks, property boundaries, or protective measures.
It is important to note that dissatisfaction with the content of the Award alone—without evidence of procedural error or illegality—is not sufficient grounds for appeal.
2. Time Limits for Appealing
Under UK law, a Party Wall Award can be challenged through the courts, but strict time limits apply:
- You should act promptly after the Award has been served.
- Delays may reduce the likelihood of a successful appeal.
Consulting a solicitor experienced in party wall matters early is crucial to ensure deadlines are met and your appeal is valid.
3. Seeking Legal Advice
Appealing a Party Wall Award usually involves legal action, as there is no formal statutory appeal process under the Party Wall Act itself. A solicitor can:
- Review the Award to identify potential legal or procedural errors.
- Advise on whether you have a strong case for appeal.
- Represent you in court proceedings, if necessary.
4. Resolving the Dispute Before Court
Before pursuing a court appeal, it may be possible to resolve disagreements with the building owner through negotiation or alternative dispute resolution (ADR), such as:
- Mediation: An independent mediator helps both parties reach a mutually acceptable agreement.
- Re-negotiation through surveyors: In some cases, surveyors can reconsider aspects of the Award if both parties agree.
Using ADR can save time, costs, and neighbourly relationships, while still providing a legally sound resolution.
5. Taking Court Action
If alternative options fail, an appeal must be made to the civil courts. The court can:
- Review the Party Wall Award to determine if it was legally valid.
- Assess whether procedural errors affected the fairness of the Award.
- Make an order to vary, revoke, or confirm the Award.
Important considerations:
- Court proceedings can be lengthy and expensive.
- The outcome is at the discretion of the judge, based on evidence of error or unfairness.
- Courts rarely overturn surveyors’ technical assessments unless there is clear evidence of negligence or bias.
6. Practical Tips for Property Owners
- Act quickly: Delaying an appeal can weaken your position.
- Gather evidence: Document any procedural errors, structural concerns, or communication issues with surveyors.
- Consult a specialist: A solicitor experienced in party wall matters is essential.
- Consider compromise: Sometimes minor modifications agreed with the building owner can avoid lengthy court proceedings.
Conclusion
While Party Wall Awards are designed to be final and binding, it is possible to appeal if you have evidence of legal or procedural errors. Understanding the process—from recognising valid grounds for appeal to seeking legal advice and considering alternative dispute resolution—ensures you protect your property and legal rights effectively. Acting promptly, gathering detailed evidence, and involving experts are key to a successful challenge.