Can I use AI to draft a Notice?

Yes.  Provided the Notice meets the requirements of the Act regarding legal validity, there is no reason why AI cannot be used to draft notices.  However, each project is unique and there are subtle nuances that AI may overlook which a competent and experienced Party Wall Surveyor won't.  The consequence of this is that the wrong type of Notice might be served for the proposed works, or indeed the Notice(s) might not go far enough to properly inform the recipient Adjoining Owner what works are intended pursuant to the specific provisions of the Act.  This may result in a legally invalid Notice.

What are the implications of an invalid Notice?

An invalid Notice will mean the lawful right to undertake the 'notifiable works' stated therein is not permitted. This may affect the scope, design and even practical feasibility of implementing the Building Owner's works.  If the Building Owner proceeds with any notifiable works without the legal right to do so, such works will be deemed 'unlawful' and the Building Owner will have committed a breach of statutory duty which is a tort.  This may impact the conveyancing process should the Building Owner later wish to sell the property.  An invalid Notice will also mean  the parties are unable to appoint a Party Wall Surveyor or have a resultant Award.

Can I use AI to draft a 'Party Wall Agreement'?

No.  Firstly, there is no such thing as a 'Party Wall Agreement' - there are party wall 'Notices' and party wall 'Awards' (where a dispute arises out of the Notices).  Secondly, the Act expressly prohibits the parties to the dispute acting as their own party wall 'Surveyor'.  This is because the role of a 'Party Wall Surveyor' is quasi-judicial in order to resolve the dispute in accordance with the rules of natural justice.  Thus, the appointed Party Wall Surveyor(s) must not be one of the owners of the properties to which the dispute, and resultant Award, relates.  Thirdly, the Act requires the appointed Party Wall Surveyor(s) to be a human being.

Can I use AI to make a Party Wall Award?

No, for the reasons stated above.

What are the implications of using AI to make an Award if the Adjoining Owner dissents to the Notice?

The 'Award' will be legally invalid.

What are the implications of a legally invalid Award?

If the Award is invalid, then undertaking any 'notifiable works', whether authorised by the invalid Award or not, will be unlawful. This, in turn, means the Building Owner will have committed a breach of statutory duty, which is a tort. It is important to note that compliance with the Act is also pre-requisite for enjoying certain statutory rights which would not be available outside the Act.  This is because the Act 'supplants' common law infringements. For example, compliance with the Act entitles the Building Owner to undertake certain works which would be a trespass at common law.  The Act also provides for a statutory right of access on to neighbouring land to facilitate certain works which, outside the Act, would need the permission of the adjoining land owner.

What can AI be used for in the party wall process?

Not much. AI cannot replace a 'Surveyor' and it cannot make a legally valid Award. It can assist with drafting notices, but extreme caution needs to be exercised to avoid ending up with invalid notices, an invalid Award and unlawful works which may inadvertently cause a trespass, nuisance and breach of statutory duty, all of which are actionable torts at common law.