Overview
Patsalides v Foye is one of the clearest reminders that a party wall award cannot cure the absence of a valid notice.
The process must start correctly.
What happened
A building owner wanted to build against a flank wall. A party structure notice was not properly served. A later fax was sent to the adjoining owner's surveyor, but that surveyor did not have authority to receive notices.
Shortly afterwards, surveyors signed a party structure award.
The decision
The award was invalid because there had been no valid notice. Without a valid notice, the surveyors had no jurisdiction to make the award.
Why it matters
This case is fundamental. Surveyor appointments and awards depend on a valid notice or a valid dispute under the Act.
If the notice is missing, invalid or served on the wrong person, the entire process may fail.
Practical lessons
Before making an award, surveyors should check: - the correct owners were identified; - the notice was valid; - the notice was properly served; - the response or deemed dispute was correctly established; - any person receiving notice had authority to do so.