The short answer
“Functus officio” means that once a decision-maker has made a final decision, their job on that decision is done. Party wall surveyors act as a statutory tribunal: once a valid award is made and served, they are generally functus officio on the dispute it decided and cannot simply re-open it, though the Act gives them continuing powers over related matters.
Why it matters
Under section 10, appointed surveyors or an agreed surveyor resolve disputes and record the decision in an award; they cannot re-open it just because an owner is unhappy or they later prefer different wording. But the strict doctrine is not the whole answer:
- section 10(14) lets surveyors correct clerical or typographical errors in an award;
- section 10(15) lets them determine other matters arising out of, or incidental to, the dispute;
- section 10(17) gives either owner 14 days to appeal an award to the county court.
So surveyors can usually make further awards on new or incidental matters such as damage, access, costs or changes in method, but should not use a further award to re-decide the same issue unless the Act gives them power.
What to do now
- Treat a served award as final on the issue it decided.
- For a genuinely new or incidental matter, expect a further award rather than a re-opening.
- Use section 10(14) for clerical corrections and the 14-day section 10(17) route to challenge an award.
Common mistakes
- Expecting surveyors to re-open a concluded award because one owner is unhappy.
- Confusing a new matter with an attempt to re-litigate the old one.
- Missing the 14-day appeal window under section 10(17).
When to call Coburns
If you are unsure whether an issue is a new matter or a closed one, send us the award and we will advise on what the surveyors can still do.