Can You Stop a Party Wall Agreement?

While "stopping" a party wall agreement once it's been formally established can be challenging, a neighbour can appeal a Party Wall Award. This is the legal mechanism to challenge the terms or validity of the agreement that dictates the building works.

Understanding Party Wall Agreements and Awards

Before delving into stopping or appealing, it's crucial to understand what a Party Wall Agreement and a Party Wall Award entail.

What is a Party Wall Agreement?

A Party Wall Agreement generally refers to the formal notice process and subsequent consent or dispute resolution under the Party Wall etc. Act 1996. It's required when a building owner plans specific works near or on a party wall, boundary, or excavation near a neighbour's property. The aim is to protect both the building owner's right to build and the adjoining owner's property from damage.

What is a Party Wall Award?

When neighbours cannot agree on proposed works, or if one neighbour dissents, a formal dispute arises. This dispute is then resolved by appointed Party Wall Surveyors (either two independent surveyors or a single "agreed surveyor"). The outcome of their determination is a legally binding document called a Party Wall Award. This Award details:

• The proposed works, how they will be carried out, and the hours of work.
• Measures to protect the adjoining owner's property.
• Access arrangements for surveyors.
• Details of any compensation due to the adjoining owner.
• Who is responsible for the surveyor's fees.

It is this Award that can be appealed.

Challenging a Party Wall Award: The Appeal Process

If an adjoining owner believes the Party Wall Award is unfair, contains errors, or was made without due process, they have a specific legal avenue to challenge it.

Who Can Appeal?

Yes, a neighbour can appeal a Party Wall Award. This right is typically exercised by the adjoining owner who is affected by the proposed works outlined in the Award.

The Appeal Window

A critical aspect of appealing a Party Wall Award is the strict time limit. The appeal must be done within 14 days of the award being drawn up. Missing this deadline generally means you lose the right to appeal, and the Award becomes final and binding.

Where to Appeal?

An appeal against a Party Wall Award can only be made in County Court. This means formal legal proceedings are initiated, and it's essential to have strong grounds for your appeal.

Grounds for Appeal

While the Act doesn't explicitly list grounds, appeals typically succeed based on:

• Procedural irregularities: If the surveyor(s) failed to follow the correct procedures as laid out in the Party Wall Act.
• Errors of law: If the surveyor(s) misinterpreted or misapplied the law.
• Surveyor bias: If there is demonstrable evidence that a surveyor was not impartial.
• Award being ultra vires: Meaning the surveyors acted beyond their powers or jurisdiction.
• Serious factual errors: Though courts are reluctant to overturn awards purely on factual disputes unless the error is significant and demonstrable.

Does an Appeal Stop the Work?

Crucially, their appeal won't automatically stay the award. This means that simply lodging an appeal does not halt the building works. As a result, the building owner can continue with the work as laid out in the award, even while the appeal process is ongoing. If you wish to stop the work, you would typically need to apply to the court for an injunction, which is a separate and more complex legal step.

Practical Considerations for Neighbours

If you are considering appealing a Party Wall Award, here are some practical insights:

• Act Quickly: Due to the 14-day deadline, immediate action is paramount.
• Seek Legal Advice: It is highly recommended to consult a solicitor specializing in property law and Party Wall matters. Appeals involve complex legal procedures and arguments.
• Costs: Appealing can be an expensive process, as you may be liable for your own legal fees and potentially the building owner's costs if your appeal is unsuccessful.
• Evidence is Key: Gather all relevant documents, communications, and evidence to support your appeal.

Key Takeaways

Appealing a Party Wall Award is a specific legal process, not a simple cancellation of an "agreement." It's a formal challenge to a legally binding document.