Even experienced Surveyors are confused about what constitutes a special foundation.

In a recent party wall matter the building owners surveyor (Mr Graham North FRICS  and CEO of Anstey Horne) www.ansteyhorne.co.uk prepared and served notices in relation to s.6(1) and s.2 building works.

 

Dr Antino was appointed by the AO (freeholder) and on receipt of the notices and had to advise Mr North that the notices were invalid.

 

They were invalid on a number of grounds, firstly there was an intention to underpin the party fence wall.  However, s.6(6) requires that the drawings of the location of the excavation and a section through showing the depth of the excavation must accompany the plans.

 

s.6(6)(a)&(b)

(6)        The notice referred to in subsection (5) shall be accompanied by plans and sections showing-

 

            (a)        the site and depth of any excavation the building owner proposes to make.

            (b)        if he proposes to erect a building or structure, its site.

 

Not only did the plans not show the depth and/or location of the foundation they did not even show the location of the party fence wall!!

 

The next issue related to the works to create a basement.  The design incorporated a reinforced concrete foundations underneath the party wall.

 

Regrettably, Mr North had not made any reference in his notices to advise that special foundations were being adopted and/or that they required the AO written consent under s.7(4).

 

Upon notifying Mr North of these very serious (but nonetheless very basic errors) he responded advising that the BO will redesign his scheme.  Several weeks later a new package of drawings were delivered comprising 15 in total.  On consideration of the drawings Dr Antino noted (www.apaproperty.com) that the party fence wall had now been incorporated into the drawings and the proposed excavations beneath the party fence wall were included.

 

However, the underpinning to the party wall still contained a drawing and a description stating that the underpinning was a reinforced concrete foundation.

 

Mr North had also advised that the BO was no longer going to insert steel beams under s.2(21)(f) into the party wall.   However, Dr Antino noted that one of the drawings showed a roof light, trimmed with steel beams bearing onto the party wall.

 

Accordingly, Dr Antino had to reject the second set of drawings because the AO had not given written consent for special foundations and more importantly Mr North had not even asked for permission as required under s.7(4) of the Act which is repeated below for ease of reference.

 

s.7(4)

(4)        Nothing in this Act shall authorise the building owner to place special foundations on land of an adjoining owner without his previous consent in writing.

 

Mr North is very well known and considered by some to be a very experienced and respected party wall surveyor.  It is therefore bizarre that a man of his professional experience could get such fundamental basics wrong when preparing notices.

 

Dr Antino is currently waiting for Mr North to engage and move the matter forward, that is if the BO is intent on trying to build a basement but of course will have to redesign their scheme.

 

Special foundations is a simple and straightforward issue.  If a foundation includes reinforcement it is described as reinforced concrete it is by definition a special foundation as defined under s.20 of the Act repeated below for ease of reference.

 

s.20

“special foundations” means foundations in which an assemblage of beams or rods is employed for the purpose of distributing any load”

 

The Act could not be any clearer, special foundations includes an assemblage of beams and/or rods for the purposes of distributing any load.

 

In such circumstances the BO must seek the written consent of the AO under s.7(4) for the positioning of special foundations on their land.

 

Without that written consent any special foundation built since 1996 on an AO land is an unlawful structure, is a trespass, in breach of the Party Wall Act and exposes the surveyor(s) to considerable risk for being sued for negligence.

 

 

I hope this short but nonetheless very important blog assists those either new to the party wall environment, architects dealing with party wall matters and basement design and/or indeed those surveyors who have experience in the Party Wall Act to fully understand how s.7(4) should be applied.