Question
Can a surveyor appointed by a building owner on behalf of an adjoining owner under section 10(4) of the Party Wall etc. Act 1996 consent to special foundations for that adjoining owner?
Can the adjoining owner object to mass concrete underpinning that projects beyond the face of the party wall?
Answer
A section 10(4) surveyor cannot consent to special foundations on behalf of the adjoining owner unless the adjoining owner has expressly authorised that in writing.
An adjoining owner can object to mass concrete underpinning that projects beyond the face of the party wall, especially where it may affect their land or future use of basement space.
1. Consent for special foundations
Section 7(4) of the Act requires written consent from the adjoining owner before special foundations can be placed on their land.
A surveyor appointed under section 10(4) is appointed because the adjoining owner has failed to appoint a surveyor. That appointment does not give the surveyor authority to give personal statutory consent on the adjoining owner's behalf.
If special foundations are proposed, the adjoining owner's written consent should be obtained directly.
2. Objection to projecting mass concrete underpinning
Mass concrete underpinning is not necessarily a special foundation. However, if underpinning projects beyond the face of the party wall, it may affect the adjoining owner's land and future development options.
That is a legitimate concern, particularly where the adjoining owner may later want to create a basement or carry out their own structural works.
3. The surveyors' role
The surveyors can consider what method of underpinning or foundation work is necessary and reasonable under the Act. They should balance the building owner's right to carry out notifiable works with the adjoining owner's right not to be unnecessarily prejudiced.
A reasonable compromise may involve extending the wall down at its existing thickness, with any wider foundation kept below a level where it will not interfere with likely future use.
Summary
A section 10(4) surveyor should not consent to special foundations unless the adjoining owner has expressly authorised them to do so in writing. An adjoining owner can object to projecting mass concrete underpinning, and the surveyors should seek a method that protects both properties and avoids unnecessary interference with future use.
Email: info@coburnspartywall.co.uk
Phone: 0207 11 88 3 55
Disclaimer
This article is for general information only and is not legal advice. It is not tailored to any specific property, project or dispute.
Find out whether a section 10(4) surveyor can consent to special foundations and how objections to projecting mass concrete underpinning should be handled.
Consent for special foundations and objections to underpinning | Coburns Party Wall