The short answer
A surveyor appointed under section 10(4) cannot consent to special foundations on the adjoining owner’s behalf unless that owner has expressly authorised it in writing — section 7(4) requires the adjoining owner’s written consent. And an adjoining owner can object to mass concrete underpinning that projects beyond the face of the party wall.
Why it matters
A section 10(4) surveyor is appointed because the adjoining owner failed to appoint one; that appointment does not give the surveyor authority to give personal statutory consent for special foundations. If special foundations are proposed, the adjoining owner’s written consent must be obtained directly. Separately, mass concrete underpinning is not necessarily a special foundation, but if it projects beyond the party wall it may affect the adjoining owner’s land and future basement plans, which is a legitimate concern. The surveyors’ role is to balance the building owner’s right to carry out notifiable works against the adjoining owner’s right not to be unnecessarily prejudiced.
What to do now
- If special foundations are proposed, obtain the adjoining owner’s written consent directly — do not rely on a section 10(4) surveyor to give it.
- As an adjoining owner, you may object to projecting mass concrete underpinning, especially where you may later create a basement.
- Look for a compromise, such as extending the wall down at its existing thickness with any wider foundation kept below the level of likely future use.
Common mistakes
- Assuming a section 10(4) surveyor can consent to special foundations for the adjoining owner.
- Treating written consent under section 7(4) as a formality that can be implied.
- Allowing underpinning to project beyond the wall without addressing future use.
When to call Coburns
If special foundations or projecting underpinning are in play, send us the proposal and we will confirm whose consent is needed and how to protect both properties.