CONSENT FOR SPECIAL FOUNDATIONS

Question

Can surveyors give special foundations consent when appointed under 10(4)?

Answer

Usually 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.
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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.

Explanation

Section 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.

Consequence

Where 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.