If you believe a Party Wall Award is wrong, unfair, or doesn’t properly protect your property, you do have options—but the key point is that the main legal remedy is time-critical. Under the Party Wall etc. Act 1996, either party can appeal the Award to the County Court within 14 days of it being served.
Below is a clear, professional guide to what you can do and when.
1) Act quickly: the 14-day appeal window
If you want to challenge the Award itself, the Act provides a specific route:
- You can appeal to the County Court within 14 days of the day the Award is served on you.
- The court has the power to rescind (cancel) or modify the Award, and make an order about costs.
This deadline is strict in practice, so if you are considering a challenge, treat it as urgent.
2) Understand what an appeal is (and what it isn’t)
A Party Wall Award is not usually appealed simply because one party “doesn’t like” the outcome. The court process is typically about whether there has been an error in principle—such as jurisdiction, procedure, or legality—rather than re-arguing every technical detail.
As court action can be expensive and carries a costs risk, it’s sensible to get early professional advice before taking that step. (GOV.UK notes you must file an appellant’s notice and explain why you’re appealing.)
3) Ask questions first: clarify what the Award actually requires
Before you escalate, it’s often worth doing a careful review and raising sensible queries, such as:
- Does the Award accurately reflect the works described and the drawings referenced?
- Are the working hours, access arrangements, and protections clear?
- Is there a proper Schedule of Condition (where access was possible)?
- Is the damage procedure clear—inspection, making good, and/or compensation?
In many cases, dissatisfaction comes from uncertainty or missing detail rather than a fundamentally “bad” Award. A professional surveyor should be able to explain the reasoning and the practical effect of the clauses.
4) If the issue is the surveyor’s conduct, a complaint may be possible
If your concern is that a surveyor has behaved unprofessionally (rather than that the Award is substantively wrong), you may be able to use their professional body’s complaints process.
However, it’s important to understand that professional complaints processes are not a substitute for the statutory appeal route if what you want is to change the Award. RICS guidance specifically cautions against trying to challenge the substance of an Award via complaints rather than using the appeal mechanism set out in the Act.
5) If works are happening in breach of the Award (or without one), you may need urgent advice
If you believe the building owner is:
- carrying out notifiable works without an Award where one is required, or
- ignoring key protections within the Award,
then the issue may shift from “I disagree with the Award” to enforcement / urgent protection. Depending on the facts, you may need legal advice on urgent remedies (for example, where there is a risk of serious harm or uncontrolled works).
6) If damage occurs, the Award should provide a route to resolution
Even if you accept the Award, you still have rights if damage occurs. Most Awards include a framework for:
- reporting damage,
- inspection by surveyor(s),
- determining liability,
- agreeing repairs (“making good”) or compensation.
This is one of the core practical benefits of the party wall process—issues can be dealt with through a defined procedure rather than informal argument.
Practical checklist if you’re unhappy with an Award
- Note the date the Award was served (the 14-day clock runs from service).
- Gather the key documents: the Award, drawings, notices, and correspondence.
- Identify exactly what you object to: scope, access, safeguards, timings, fees, or damage provisions.
- Seek early professional advice if an appeal is being considered—don’t wait.
Need help reviewing a Party Wall Award?
Email mail@howorth.uk or call 07794 400 212 with a copy of the Award and a brief summary of what concerns you. We can help you understand what it means in practice, whether your concerns are significant, and what options are realistically available.
