How to Contest a Party Wall Award

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.

Key Takeaways

Offer: We help you challenge a Party Wall Award by explaining whether you have valid grounds and what the formal appeal route involves.
Process: We advise you to try cheaper, faster resolution first, but if you must appeal, we file an Appellant’s Notice at the county court within 14 days of being served, then prepare evidence for the hearing and the court outcome (upheld/amended/set aside).
Scope: We focus on appeal-worthy issues (e.g., procedural errors, unjustified costs, insufficient protections, overreach beyond the works, or bias). We also flag the risk of paying the other side’s legal costs if the court deems the appeal unnecessary.

ChatGPT appeal summary.

Challenging a Party Wall Award

Here are some reasons why you might want to contest a party wall award:

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.

How to contest a party wall award, step by step:

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.

Get a quote today

Contact Simon

Please complete the form to arrange an informal discussion so we can acquire more details about your property. There is no charge and no obligation.

We cover all of Surrey and London and are also available via WhatsApp. Alternatively, please call 07834 761 411 or email Simon directly.

    
 
 
         
   Chris Thoume 
 
 
 
 Trustindex verifies that the original source of the review is Google. Great experience working with Simon: he took me through the process in simple terms and was always willing to provide considered pragmatic advice.
  
 
        
   Jessica Sanzone 
 
 
 
 Trustindex verifies that the original source of the review is Google. Would highly recommend using Westville Associates. Appointed Brett to act for us in regards to some party wall matters. We found him to be polite and professional with a wealth of knowledge in this field. Great communication throughout the process. Great service from start to finish.
  
 
        
   Kate Rennie 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was recommended to use Westville Associates through a colleague to carry out a survey of a house we were looking to purchase. I couldn’t have been happier with the whole process.
From start to finish, Simon was professional, punctual, through and gave good advice with issues that arose from the survey.
I have and will continue to recommend Westville Associates to anyone wishing to carry out any surveys.
  
 
        
   Niki Yazdanian 
 
 
 
 Trustindex verifies that the original source of the review is Google. Simon carried out a full building survey for us on a property in Oxted. We found him to be prompt, professional, very knowledgeable, a great service all round. We would have no hesitation in recommending him and using him again.
  
 
        
   Sophie Beed 
 
 
 
 Trustindex verifies that the original source of the review is Google. Really recommend Westville, great communication and advice. Clear, concise and quick report and more than happy to discuss any points to help us understand our purchase better.
  
 
        
   Sara Mahdavian 
 
 
 
 Trustindex verifies that the original source of the review is Google. We used Wesville Associates for a full Building Survey for our property in Claygate after a recommendation from a friend. Simon was very personable, knowledgable and professional, and was able to work around our tight timeframe. We felt in good hands from the start!
  
 
        
   WashPod 
 
 
 
 Trustindex verifies that the original source of the review is Google. “Westville Associates undertook a homebuyers report for us prior to the purchase of our flat in Wandsworth.  The service from start to finish was exemplary.  Simon booked us in, undertook the inspection and presented the report to us all within 7 working days which was appreciated as time was against us somewhat.  The after sales care was also great as we had several questions about the property that were dealt with over the phone.  Friendly, professional and prompt service.
Would definitely recommend. Rob.”
  
 
        
   Craig C 
 
 
 
 Trustindex verifies that the original source of the review is Google. I have worked in Surbiton and the surrounding areas as an agent for over 10 years and could not recommend Simon highly enough. He has a wealth of knowledge and goes above and beyond to ensure his clients fully understand the fantastic reports he creates, unlike many other surveyors who just send a confusing report without further explanation of key points.

I am so pleased Simon has set up his solo venture - Westville Associates and will be recommending him to all of my clients.

How to Contest a Party Wall Award

Key Takeaways

Challenging a Party Wall Award

Get a quote today

Contact Simon

Party Wall Disputes Advice