Appealing a Party Wall Award: A Detailed Guide

If you’ve just received a Party Wall Award and you think it’s wrong, you must act fast. The law gives you only 14 days from service to challenge it in the County Court. Miss that window and you’ll usually be stuck with the Award and its consequences. This guide explains, in plain English, when and how to appeal a Party Wall Award, the grounds that actually work, how to calculate deadlines, what it can cost, and how to avoid the pitfalls that regularly trip up homeowners. It applies across England & Wales. The core right to appeal comes from section 10(17) of the Party Wall etc. Act 1996, which permits the County Court to rescind (set aside) or modify an award and to make any order as to costs it thinks fit.

1) The 14-day clock - what “service” really means

2) Should you appeal at all?

3) Procedure: where and how to appeal (and why CPR Part 52 matters)

4) The strongest grounds to appeal a Party Wall Award

5) Counting the days: service traps that make (or break) an appeal

6) Step-by-step: how homeowners actually file a s.10(17) appeal

7) Evidence that helps win an Appeal

8) What the County Court can do to your Award

9) Costs: fees, lawyers, and the risk of “loser pays”

10) Alternatives to a full appeal

11) If you’ve missed the 14 day Appeal deadline?

12) FAQs

13) Summary

14) Resources - Case Law

15) Final Checklist

1) The 14-day clock - what “service” really means

The 14 days don’t run from when a surveyor posts the Award; they run from when it is served on you - in practice, when you receive it (or when it’s deemed delivered). “Service” is defined by section 15 of the Act. It permits service in person, by post to your usual or last-known address, and (since 2016) by electronic communication but only if you’ve agreed to receive documents that way (and not withdrawn that agreement). Keep the envelope, franking label, and any email headers - they’re proof of when service occurred.

Tip: Treat the day you receive the Award as Day 1 and count calendar days. If Day 14 lands on a weekend or bank holiday, don’t assume you get extra time. File within 14 calendar days to be safe.

2) Should you appeal at all?

Appeals are litigation: you invest time and money and you risk adverse costs if you lose. Before you appeal, stress-test your position against five questions that courts routinely care about:

Was the Act properly “engaged”? If no valid Party Wall Notice was served by the building owner, the Act wasn’t triggered, the surveyors may have had no jurisdiction, and any “Award” may be a nullity (“no notice, no Act”).

Was the tribunal validly constituted? Each surveyor must be validly appointed in writing. If an appointment was defective, the tribunal may have lacked power to act.

Was there actually a “dispute” to decide? After an initial award, surveyors can only make a further award if a new dispute arises (e.g., fresh damage or a concrete disagreement).

Did the surveyors apply the correct legal tests? Common trouble spots include compensation under s.7(2) (quantum, causation, mitigation) and going ultra vires (outside powers the Act grants).

Was the process fair? Surveyors must act impartially and give each party a fair chance to comment. A failure to hear one side or consider relevant evidence can amount to a breach of natural justice.

If you can anchor your complaint in one or more of these issues - especially jurisdiction, no dispute, or legal error - your prospects improve significantly.

3) Procedure: where and how to appeal (and why CPR Part 52 matters)

An appeal under s.10(17) is a statutory appeal to the County Court. It proceeds under CPR Part 52 - not the Part 8 claim route used for declarations. Appeals are commonly treated as a rehearing, and the court can receive evidence afresh.

What you file (overview):

Appellant’s Notice (Form N161) with numbered grounds of appeal; attach the Award and any evidence you rely on at this stage.

Fee: a County Court appeal fee applies (check the latest HMCTS EX50 schedule rather than relying on old figures).

Service: serve the papers on the other side exactly as the CPR and any directions require.

Does appealing pause the works? No. There is no automatic stay just because you’ve appealed. If you need the works stopped pending appeal, you must apply for a stay (often to the lower court first). A stay is discretionary.

4) The strongest grounds to appeal a Party Wall Award

A) No jurisdiction: “No notice, no Act.”

Under the Act, the building owner’s notice is the trigger for the statutory machinery. Without a valid notice, surveyors have no authority to issue an Award. If your Award purports to sweep in works that were never notified, or if there was no valid appointment, you may have a powerful jurisdictional ground.

B) Invalid appointments / defective tribunal

Both surveyors must be validly appointed in writing by their respective owners (and any third surveyor validly selected). Where an appointment is non-compliant, the “tribunal” lacked power and the Award can be struck out on appeal.

C) No true “dispute” for a further award

Surveyors can’t conjure jurisdiction for a further award without a fresh dispute (e.g., actual damage now in issue, or a concrete disagreement about method or access). If you received a surprise “further award” about compensation or access without a real dispute being raised by either party, that is appeal material.

D) Legal error on compensation (s.7(2)) or scope (ultra vires)

Surveyors must apply section 7(2) correctly when awarding compensation for loss or damage arising from notifiable works, and they must stay within the scope of the Act. Errors on law or jurisdiction will justify rescission or modification on appeal.

E) Procedural unfairness / natural justice

If an owner wasn’t given a fair chance to make submissions, or there are signs of bias, an Award is at risk. Keep contemporaneous emails and notes; they matter.

5) Counting the days: service traps that make (or break) an appeal

Receipt vs posting: time runs from receipt/deemed receipt, not the day the Award was posted.

E-service caveat: email counts only if you agreed to electronic service (and didn’t withdraw consent).

Who was served? The 14 days run from service on you, the party - not just when a copy is sent to a surveyor. Keep the envelope and any postal tracking receipts.

6) Step-by-step: how homeowners actually file a s.10(17) appeal

Write down the service date immediately. Day 1 is the date you received (or are deemed to have received) the Award.

Decide your grounds. Focus on jurisdiction, no dispute, legal error, or procedural unfairness - not simply “I disagree”.

Prepare Form N161 (Appellant’s Notice). Keep grounds short and numbered; attach the Award and any evidence required by PD 52B.

Apply for a stay if you need the works paused. Without it, the Award remains enforceable pending appeal.

File and serve within 14 days. Pay the fee listed in EX50. Keep verifiable proof of both filing and service.

Comply with directions. Expect directions on evidence bundles and a hearing listing; s.10(17) appeals are commonly treated as rehearings where the judge may hear evidence.

7) Evidence that helps win an Appeal

The service story: envelopes, postmarks, email headers, delivery tracking, and any CCTV/concierge logs.

Jurisdiction documents: notices, surveyor appointments, proof of delivery (or lack of it).

“No dispute” point: emails showing the first time damage or a claim was raised; if a surveyor “went straight to a further award” without telling you, highlight that.

s.7(2) compensation: photos, dates, invoices/quotes, and notes showing how and when loss occurred (and steps you took to mitigate).

8) What the County Court can do to your Award

On appeal, the judge can:

Rescind (set aside) the Award completely;

Modify specific parts (e.g., method statements, timings, access, security for expenses, or compensation elements); and

Make any order as to costs it thinks fit.

Because s.10(17) appeals run under CPR Part 52 and are often treated as rehearings, the court is not confined to the face of the Award: it can hear evidence and reach its own view of what’s right in law.

9) Costs: fees, lawyers, and the risk of “loser pays”

Court fee: a County Court appeal fee applies (check HMCTS EX50 for the current figure before filing).

Legal costs: under CPR 44 principles, the unsuccessful party usually pays a proportion of the successful party’s costs - but it’s discretionary and depends on conduct and proportionality.

Surveyors’ fees inside the Award: the judge can vary cost allocations in the Award itself and also make a separate costs order for the appeal.

Practical point: if the appeal is finely balanced, a sensible variation (e.g., method of working or timing) can avoid a costly fight.

10) Alternatives to a Full Appeal

Ask for a corrective “further award” only where there is a new, genuine dispute (e.g., fresh damage). Don’t try to re-argue the same point without a new dispute.

Third surveyor referral if the two surveyors genuinely disagree on a live issue.

Negotiate written variations to access windows, working hours, or protections - then formalise through the surveyors.

11) If you’ve missed the 14 day Appeal deadline?

Courts are strict about the 14-day limit for appeals. However, lawyers sometimes attack an Award that is a nullity (e.g., no notice, no valid appointment, no jurisdiction at all) outside the appeal route, by seeking a declaration rather than an appeal. This is nuanced territory but the point is that a void award can be challenged differently to a merely voidable one.

12) FAQs - Appeal Party Wall Award

Can I appeal just the compensation part?

Yes. You can target a specific error (e.g., s.7(2) quantum or causation). The County Court can modify particular provisions.

Do I get more time because the Award was posted second-class?

No. The clock turns on receipt/deemed receipt, not posting.

I emailed the surveyor saying “I don’t agree” - is that a dispute?

A dispute must be a real, identified issue within the Act’s scope. For further awards, the court looks closely at whether a new dispute actually arose.

My neighbour started works without notice but I now have an Award. Can I still challenge it?

Potentially. “No notice, no Act” arguments remain powerful where the statutory trigger never happened - that goes to jurisdiction.

Does filing the appeal stop the works?

No. Appealing doesn’t automatically stay enforcement. You must apply for a stay (temporary halt to works).

13) Summary - Appeal a Party Wall Award

How long do I have to appeal a party wall award? 14 days from service (receipt/deemed receipt) under s.10(17).

Where do I appeal a party wall award? County Court under CPR Part 52 (statutory appeal).

Strong grounds to appeal a party wall award? No notice/jurisdiction, invalid appointment, no dispute for a further award, legal error on s.7(2), or procedural unfairness.

Does an appeal pause the works? No - you need a stay.

14) Resources - Case Law

Appeal route under CPR Part 52 (Zissis v Lukomski)

When is an Award “served”? (Freetown v Assethold)

No Notice, No Act (Power & Kyson v Shah)

Further awards need a real dispute (Evans v Paterson)

15) Final checklist

Clock: confirm service date and count 14 calendar days from receipt/deemed receipt.

Grounds: prioritise jurisdiction, no dispute, legal error, or procedural unfairness over “I disagree”.

Procedure: use Form N161 under CPR Part 52; file and serve correctly.

Stay: if you need works paused, apply for a stay - there’s no automatic stay.

Costs: know the adverse-costs risk; keep settlement in mind.

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