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Party Walls: Third Surveyor Award








An Award under the provisions S. 10 of

The Party Wall etc. Act 1996



Building Owner [********]



Building Owner's

Address [*********]



Building Owner's

Property [**********]



Adjoining Owner [**********]



Adjoining Owner's

Address [**********]



Adjoining Owner's

Property [**********]



Notices The Building Owner served Notices on the Adjoining Owner under Sections 2(2) sub-sections (a), (f), (g), (j) and (k) on the [*****] and under Section 6 (1) on the [******] of their intention to exercise rights given to them under the Party Wall etc Act 1996 as more particularly described in the Notices.



The Difference The Adjoining Owner has dissented from the Notices



The Surveyors The Building Owners have appointed [*****]



The Adjoining Owner has appointed [*******]



The Third Surveyor The two surveyors appointed under Section 10 (1)(b) Richard Birchall FRICS, Richard Birchall Associates, 17 St Alban's Grove, London W8 5BP as Third Surveyor.

The Difference The two surveyors are unfortunately unable to agree whether the Building Owners have a right under Section 2(2)(a) to project footings and foundations further into the land of the Adjoining Owner than the present width of the footings in the course of underpinning. It is agreed between the Surveyors that the Building Owners do have a right to underpin in general terms.

The Decision Having considered the submissions made to me and knowing the type of property well, I, Richard Birchall FRICS, the Third Surveyor AWARD AND DETERMINE AS FOLLOWS:



  • The Building Owners have a right by virtue of Section 2(2)(a) to project the underpinning into the land of the Adjoining Owner providing such underpinning is within the normal concept of the word and that the underpinning does not fall within the definition of "special foundations" within the meaning of Section 20.


  • The work shall be carried out in accordance with the drawings Nos [***] prepared by [*****]


  • The Adjoining Owner shall pay the Third Surveyor's fee of £[****] plus VAT on the signing of the Award.


  • In witness whereof I have set my hand this [****] day of [*****] 1999





    Signature ...............................................

    Third Surveyor





    Witness .............................................

    Address .............................................



    C:\Corel\Suite8\Partywal\Third Surveyor Award.htm

    Updated 29 March 1999 18:40
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