Must We Wait For the Appeal Period To Run Before Starting Work?

by The Party Wall Surveyor

Question

We are presently in dispute with our neighbour re proposed foundations to a new extension on our property. The Party Wall Notice has been issued and two surveyors are in the process of drawing up the Award which we expect by the end of the week.

However our neighbour has rightly pointed out that they have 14 days to appeal against the Award, although I’m unsure on what grounds. Can we start the building work as soon as the Award is made or do we have to wait 14 days and then see what the outcome, if any, of the appeal is?

Answer

There is nothing in the Act that says you must wait for the appeal period to run before starting work so if the awards have been served and the statutory notice period has expired you can start. You do however run the risk that if there was a successful appeal you may have to undo works that you had undertaken.