Invalid party wall awards and how to avoid them

Abstract

Invalid party wall awards and how to avoid themConsiders the reasons for the invalidity of party wall awards. Examines decided cases under earlier party wall legislation in the context of the Party Wall etc Act 1996. Explains invalidity on the basis of an excess of the surveyors' statutory authority. Defines this authority in terms of jurisdiction and power. Demonstrates the limits of the surveyors' authority and emphasises the importance of strict compliance with statutory procedures. Concludes that surveyors should adopt an inquisitive and analytical approach to the scope of their authority to avoid the possibility of invalid awards. Echoes John Anstey's earlier warning that surveyors should avoid a broad-brush approach to their duties which will only leave them "covered in soot". Abstractparty wall, surveyor, award, ultra vires, power, jurisdiction

Making sense of the party wall legislation: still no easy task

“…In particular, in common with all tribunals, the surveyors' tribunal must act only within its proper jurisdiction and must only exercise powers which have been properly conferred upon it. 12…”

“…Nevertheless, certain legal consequences inevitably arise from the classification of the surveyors as a tribunal. In particular, in common with all tribunals, the surveyors' tribunal must act only within its proper jurisdiction and must only exercise powers which have been properly conferred upon it (Chynoweth, 2000b).…”