How to Properly Challenge or Appeal a Party Wall Award in County Court
Either owner can appeal a party wall award to the county court within 14 days of receiving it. The deadline is short. If you are thinking of appealing, take legal advice straight away, and do not start work in the meantime if the award restricts it.
The time limit
The 14 days run from when you receive the award, not from its date. Keep the envelope or email showing when it arrived. Missing the deadline can end your right to appeal.
Who can appeal
Either the building owner or the adjoining owner. An owner who is dissatisfied with the terms, the costs or the way the award was made can apply.
What a court can do
The county court can rescind or modify the award and make any order it thinks fit, including about costs. It is not a rerun of the whole dispute. It reviews the award.
Before you appeal
Read the award carefully. Ask your surveyor to explain it. Some issues can be raised with the surveyors first, such as a mistake in the text. Others, such as a fee dispute, may have a specific route.
Getting help
A solicitor with experience of party wall disputes can advise on grounds, costs and risk. Court proceedings bring their own costs, and the outcome is not certain. Ask about likely costs in writing before you decide.
What happens next
If the court changes or cancels the award, the surveyors may need to make a fresh one. Costs can go against the person who loses, so weigh that before you start. Some disputes settle once the other side sees that an appeal has been filed, but do not count on it.
Frequently asked questions
Does an appeal stop the work?
Not automatically. Ask the court or take advice on whether to seek a stay.
Can I appeal because I dislike the fee?
Fees have their own route under the Act. See the advice on disputing fees.
What if I miss 14 days?
You may lose the right to appeal. Talk to a solicitor at once.
Can I appeal without a solicitor?
You can, but the process is technical and the deadline short. Get advice first if you can.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- How to Dispute a Party Wall Surveyor's Fees Legally
- How Long is a Party Wall Award Valid For? (Expiration and Extensions)
- A Guide to the Third Surveyor in Party Wall Procedures
- What is an Ex-Parte Party Wall Award and When is it Used?
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.