Q&As

Where a party wall award is received by post, what is the period in which a party can lodge their appeal under section 10(17) of the Party Wall etc Act 1996? When does the counting begin and conclude for this period—for example, does service of the award take place on posting or actual receipt of the award? If the period expires on a weekend, what day (and time of day) must the appeal be lodged?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 24/01/2020

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Where a party wall award is received by post, what is the period in which a party can lodge their appeal under section 10(17) of the Party Wall etc Act 1996? When does the counting begin and conclude for this period—for example, does service of the award take place on posting or actual receipt of the award? If the period expires on a weekend, what day (and time of day) must the appeal be lodged?
  • Appealing party wall awards
  • Service of party wall awards
  • Service by post

Where a party wall award is received by post, what is the period in which a party can lodge their appeal under section 10(17) of the Party Wall etc Act 1996? When does the counting begin and conclude for this period—for example, does service of the award take place on posting or actual receipt of the award? If the period expires on a weekend, what day (and time of day) must the appeal be lodged?

Appealing party wall awards

The Party Wall etc Act 1996 (PWA 1996) makes provision in relation to party walls. PWA 1996, s 10 provides a mechanism for resolving disputes concerning party walls. The dispute resolution procedure, which is laid down in PWA 1996, s 10, provides for the appointment of a surveyor (or surveyors) to settle any dispute by making a party wall award.

PWA 1996, s 10(17) provides that either party to the dispute may appeal to the County Court against the award and that the time limit for a party issuing such an appeal is:

‘…the period of fourteen days beginning with the day on which an award made under this section is served on him…’

Service of party wall awards

PWA 1996, s 15 sets out rules for service of documents under PWA 1996. PWA 1996, s 15 does not specifically state that its rules for service apply to party wall awards

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