Under section 10(17) of the Party Wall Act 1996, if you don’t agree with the award, you can appeal against it at a county court within 14 days of being notified. You will need to file an appellant’s notice in county court and explain the reason for your appeal.
However, reasons to appeal the award, simply because you “don’t like it”, won’t be enough.
The surveyor did not follow correct procedures outlined in the Party Wall Act 1996, for example, failing to properly notify all affected parties and not adhering to the right timelines.
Believing that the costs allocated to you in the award or unfair, excessive or unjustifiable, particularly, if they do not reflect the work done or benefit to your property.
The award does not provide sufficient measures to protect your property from damage during construction, for example, inadequate provisions for monitoring or safeguarding from damage.
If the award includes work that you believe goes beyond what is required for the party wall project.
You believe the surveyor has acted in a biased manner or did not remain impartial, influencing the outcome of the award unfairly.
Before resorting to court, do explore alternative dispute resolution methods, as it’s quicker and will save you a lot of money, especially if its found your appeal has no relevancy.
Understand your grounds for contesting: You’ll only be able to contest a Party Wall Award because there is an error in the process or the application of the Party Wall Act 1996. Simple disagreements over the content of the award, such as the allocation of costs and scope of work, are not always sufficient grounds for appeal unless they involve legal errors. You’ll only have 14 days from the date the award is served to contest it.
Seek legal counsel: It’s complex work to content a Party Wall Award, and it’s advisable to consult a solicitor who specialises in property law and can help you assess whether you have a valid claim or grounds to contest the award.
File your appeal in country court: File a formal application outlining your reasons for challenging the award. Gather all relevant documentation, including the Party Wall Award and all correspondence with your neighbour and surveyors, plus any other evidence that supports your case.
Attending court: Once the appeal has been filed, the court will schedule a hearing, where both parties will present their cases. The judge will review the evidence and decide whether the award should be upheld, amended or set aside. If the court does rule in your favour, then the Award will either be modified or invalidated. If the court upholds the Award, you must comply with its terms and cover the neighbour’s legal costs if it deems the appeal unnecessary. At this stage, ensure you comply with the court’s decision, as failure can result in further legal action and additional costs.
