It is with great pleasure and pride that I Philip Antino www.apaproperty.com can confirm having been awarded the FIRST PhD on party wall research in the World. I have some minor amendments to make to the Thesis and then I will be able to use the Title Dr. Philip Antino PhD.
The Research focus was the “Interpretation of the Party Wall etc. Act 1996 and the difficulties of building below ground” level given the party wall Acts recognition of special foundations and the section 7(4) veto.
The research confirms are that a reinforced concrete basement box is a special foundation and that the use of concrete strips beneath the box to avoid the s.7(4) is wrong in law. Subsequently the Chaturachinda case is wrong.
Therefore, it would follow that any reinforced concrete basement that is beneath the party wall is unlawful unless the adjoining owners consented to the special foundations.
If a surveyor has wrongfully advised the adjoining owner of their right to refuse to consent to the special foundations, there is are substantial grounds for negligence.
All current basements projects should now be suspended.
A lot of litigation will follow the publication of the thesis.
I would like to thank all those that participated in the research.