QuestionCan surveyors give special foundations consent when appointed under 10(4)? AnswerUsually it is the adjoining owner who gives consent to special foundations, not the surveyor. If a surveyor is explicitly authorised in writing by the adjoining owner they can give consent. However, where an appointment is made under subsection 10(4) of the Act, it usually means there is no contact from the adjoining owner (although there can be other circumstances). Therefore, in cases where there has been no contact from an adjoining owner, in particular when appointed under Section 10(4), there can be no consent to the special foundations. ExplanationSection 7(4) of the Party Wall Act requires explicit written consent from the adjoining owner for special foundations which in turn means surveyor can only give consent with specific authority but not simply because they have been appointed. ConsequenceWhere an adjoining owner has not responded to the notice(s) special foundations consent cannot be given, so they cannot be installed. This inevitably means the design will have to change most usually to mass concrete.
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The role of the adjoining owner’s surveyor is no different from the role of the building owner’s surveyor.
This means they should work together to make an award allowing lawful work to proceed (quickly) under (reasonable) conditions that mitigate unnecessary inconvenience for the adjoining owner. It is not uncommon for dishonest and/or fee driven adjoining owner surveyors to try their luck with (weaker, inexperienced or overly polite) building owner surveyors in an attempt to increase their role. Building owner surveyors should be well versed with the limitations of the role of an appointed surveyor to help prevent them from carrying out unnecessary work and trying to bump up fees. More details below: (Often incorrectly referred to as enclosure costs).
Determining the correct costs under Section 11(11) of the Party Wall Act can become complex. Here's a simplified guide to calculating them. The role of the third surveyor typically arises when the two appointed surveyors cannot come to an agreement or, on occasion, where the surveyors are not making sufficient progress and an approach is made by one of the owners.
In such cases, a third surveyor is brought in to act as a neutral, independent arbiter. Here's a breakdown of their role: |
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