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  • Home
  • About
    • Reviews
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    • FREE PARTY WALL ASSESSMENT
    • CONDITION RECORDS
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  • FAQs
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    • APPOINT US ONLINE
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LEARN ABOUT PARTY WALL MATTERS 

the administration of the Party Wall Act can be quite complEX. 
We strive to provide as much information as possible to assist the public when dealing with party wall matters.
PLEASE CONTACT US IF YOU NEED TAILORED ADVICE
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FREE ADVICE: Call 0207 11 88 070

Should you consider Appealing A Party Wall Award?

3/6/2025

 
The Core Question
How can you know whether it’s worth challenging a Party Wall Award?
This guide aims to offer some clarity to help you make an informed choice.
Legal Costs and Potential Risks
​There’s a widespread assumption that in legal disputes, the losing party covers the winner’s expenses. So if you're confident in your position, you might assume that not only will you succeed, but also recover all your costs from your neighbour.

However, appeals involving multiple issues may only result in partial success--you might win on some points and lose on others.

Even with a seemingly strong argument, the probability of complete success should not be considered certain. Many experienced solicitors and barristers suggest that even the best cases carry, at most, a 70% chance of full success.

Appeals are inherently unpredictable. Factors that can affect the outcome include:
  • Incomplete or unknown facts
  • Legal points you're unaware of
  • The opposing side might have stronger legal representation
  • The judge may interpret matters unexpectedly or lean toward the other party
This means there’s always a risk that you’ll end up covering at least some costs—win or lose.

Even if your appeal is entirely successful, courts don’t always award full recovery of your legal expenses. On average, you might recover around 65%, leaving you responsible for the remaining 35%.

Legal costs must be tightly controlled. Lawyers shouldn’t be given free rein to spend time and incur fees unnecessarily. Depending on the complexity and your legal team's approach, fees can vary widely.

If your appeal is opposed, expect starting costs of at least £15,000. In many situations, the total could be far higher.

You could opt to represent yourself, which would reduce expenses—but it may also reduce your chances of success. Be prepared for a steep learning curve and significant time commitment.
Be wary of relying heavily on your surveyor’s support during an appeal. Most lack real experience or expertise in this area.

Hiring a solicitor and barrister could place your total legal spend in the £50,000–£100,000 range. A potentially less costly alternative is to use a direct access barrister. While this can lower your expenses, you’ll be required to handle much of the admin yourself.

Is It Worth It?
Appealing a Party Wall Award is rarely cheap and often doesn’t provide clear financial return. As such, most minor issues within an award don’t justify the time or cost of an appeal.

Even if successful, the appeal could cost more than simply accepting an unfavourable award.
The wisest approach is to weigh the financial risk against the potential gain—not just the principle of the matter. Unless you have deep pockets, pursuing an appeal on principle alone isn’t advisable.

Also consider the timeline: appeals typically take 9–18 months to reach a hearing. Is it realistic or worthwhile to delay resolution that long over what might be a relatively minor disagreement? You’ll also need to invest more of your time as the hearing approaches.
That said, there are situations where appealing makes sense. The key is recognising when your circumstances justify it.

What’s the Next Step?
Our recommendation: proceed with caution.

Seek early guidance from a qualified lawyer who specialises in party wall matters. While this won’t be free, it could save you tens of thousands down the line.

Finally, be cautious of any surveyor who actively pushes for an appeal. Ask yourself: are they acting in your interest—or just looking to generate more fees? Surveyors take on no financial risk when you appeal. But you do.

Disclaimer: This is Not Professional Advice

The information provided on this website is for general informational purposes only and does not constitute professional advice. While every effort has been made to ensure accuracy, it is not tailored to your specific situation.

Always consult with an experienced professional before taking any action related to the issues discussed. The authors are not liable for any actions taken based on this content, and no professional-client relationship is formed by reading or interpreting this material.


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