What makes a party wall award invalid?

A Party Wall Award can be considered invalid if the correct procedures outlined in the Party Wall Act 1996 are not followed. For example, if the building owner fails to serve a proper party wall notice to the adjoining owner before commencing work, any resulting Party Wall Award may be challenged.

Similarly, if the notice does not provide adequate time for the neighbor to respond or if the notice is incomplete or improperly served, it can render the award invalid. Additionally, if the appointed surveyors do not follow the correct steps in preparing the award or fail to address key aspects like safeguarding both properties, this could lead to the award being challenged in court.

Another factor that can make a Party Wall Award invalid is the lack of impartiality by the surveyors. Surveyors are required to act independently, regardless of which party appointed them, to ensure a fair outcome.

If there is evidence that a surveyor favoured one party or did not act in the best interest of both parties, the award could be considered void. In such cases, the adjoining owner may apply to the court to overturn the award. Therefore, it’s important for both parties to ensure that the process is followed correctly, that notices are properly served, and that surveyors act impartially to avoid the risk of an invalid award.