These are two different ways of challenging an Award, and they are based on different legal ideas:
- An appeal accepts that the Award is a valid Award, but argues it should be changed or cancelled because the surveyor(s) made an error (law, procedure, or reasonableness). The Act provides a specific appeal route with a strict 14-day deadline.
- Setting an Award aside as invalid (a “nullity”) argues the document is not a valid Award at all because the surveyor(s) had no jurisdiction or acted ultra vires (outside the powers given by the Act). RICS notes this distinction expressly: a valid Award can only be challenged by appeal, but an invalid Award (no jurisdiction) may be treated as invalid even without an appeal.
1) Appealing a Party Wall Award
What it is
An appeal is the statutory process under section 10(17) where a party asks the County Court to review the Award and either:
- rescind it (cancel it), or
- modify it.
Time limit
The deadline is tight: 14 days from the date the Award is served on you. GOV.UK is clear that the Award is final and binding unless rescinded/modified on appeal, and the 14-day appeal period runs from service.
Typical appeal arguments
Appeals usually focus on issues such as:
- errors of law or principle,
- procedural unfairness,
- provisions that are not supported by the Act,
- unreasonable or irrational requirements (in the legal sense).
Because the court can award costs, appeals should be approached carefully. GOV.UK warns that an unsuccessful appellant may face costs consequences.
2) “Setting aside” an Award as invalid (nullity / ultra vires)
What it means
This route is based on the argument that the surveyor(s) did not have jurisdiction to make the Award (or a particular part of it). RICS explains that while section 10(16) says Awards are “conclusive”, the courts have held it remains open to argue an Award is ultra vires and therefore not a valid Award, even if no appeal was made.
Key point: valid vs invalid
RICS summarises the practical distinction like this:
- a valid Award → can only be challenged by appeal;
- an Award invalid for lack of jurisdiction → may be treated as invalid in later proceedings, and invalidity can also be raised on appeal.
Common examples of “invalidity” arguments
Invalidity arguments tend to arise where:
- there was no dispute that gave surveyors jurisdiction, or jurisdiction had ended, or
- the surveyor(s) purported to decide matters the Act does not allow them to decide, or
- basic requirements of natural justice were not met (e.g., a party was not properly informed or given a fair opportunity to be heard).
A useful illustration is the summary of a recent decision discussed by Falcon Chambers, where the court held there was no jurisdiction under section 10 in the circumstances described and that the process was so far outside natural justice as to make the Award invalid.
Similarly, commentary on Evans v Paterson highlights an Award being treated as a nullity because surveyors lacked jurisdiction (and associated costs provisions fell with it).
Timing
Unlike an appeal, “nullity” arguments are not framed as a simple 14-day statutory route. However, how and when you raise invalidity can be fact-sensitive, and in practice you should still take advice quickly—because works may proceed, costs accrue, and tactical delay rarely helps.
Practical comparison
Appeal
- Accepts the Award is valid but says it should be changed/cancelled
- Must be lodged within 14 days of service
- Court can rescind/modify and make cost orders
- Best when the Award is within jurisdiction but contains errors/unreasonable provisions
Invalidity / set aside (nullity)
- Says the Award is not a valid Award because surveyors lacked jurisdiction or acted ultra vires
- Often raised where there was no proper dispute, the tribunal wasn’t properly constituted, or natural justice failed
- Can be raised on appeal or later in some contexts, but should be handled carefully and promptly
Sensible next step if you’re unsure which applies
If you are unhappy with an Award, it’s usually wise to:
- note the service date immediately (because the appeal clock is strict),
- identify whether your complaint is:
- “the surveyor had power, but got it wrong” (appeal), or
- “the surveyor had no power to do this at all” (invalidity / ultra vires).
If you want, you can email mail@howorth.uk or call 07794 400 212 with a copy of the Award (and the date it was served). We can help you identify whether your concerns look like appeal points, jurisdiction/nullity issues, or practical matters that can be resolved without court action.