Consent to Special Foundations

Party Wall etc. Act 1996, section 7(4)

CONSENT TO SPECIAL FOUNDATIONS

THIS DEED is made this [ ] day of [ ]

BETWEEN:-

(1) [insert name] (“the Building Owner”) of [INSERT ADDRESS] (“the Property”); and

(2) [insert name] (“the Adjoining Owner”) of [INSERT ADDRESS] (“the Adjoining Property”)

BACKGROUND

A. The [freehold][leasehold] of the Property is vested in the Building Owner and is registered at HM Land Registry under title number [INSERT TITLE NO].

B. The [freehold][leasehold] of the Adjoining Property is vested in the Adjoining Owner and is registered at HM Land Registry under title number [INSERT TITLE NO].

AGREED TERMS

1. Interpretation

The following definitions apply in this Deed:

1996 Act The Party Wall etc. Act 1996 as amended from time to time or any other legislation that may replace it.

Plan: The Plan attached to this Deed.

Special

Foundations: Special Foundations within the meaning of section 20 of the 1996 Act.

Notifiable Work: The work set out in the notice served by the Building Owner under section 6 of the Party Wall etc. Act 1996 dated [INSERT DATE].

2. Consent of Adjoining Owner

2.1 Subject to the other provisions of this clause and in consideration of the Building Owner’s release contained in clause 3 the Adjoining Owner HEREBY CONSENTS to the placing of the Special Foundations on the Adjoining Property as set out in the Plan without any variations whether material or not.

2.2 If the Building Owner does not commence the Works within 12 months of the date of this Deed the above consent shall expire and the Building Owner may not place Special Foundations on the Adjoining Property save by further written consent.

3 Release by Building Owner

3.1 In consideration of the consent contained in clause 2 above the Building Owner HEREBY RELEASES and forever discharges any and all claims to a contribution to the cost of the Works from the Adjoining Owner under section 11(11) of the 1996 Act.

3.2 For the avoidance of doubt the release in clause 3.1 applies only to a contribution due under section 11(11) of the 1996 Act and does not affect any other rights or liabilities of either party under the 1996 Act.

3.3 The release in cluse 3.1 is given by the Building Owner with the intent that it will bind himself his successors in title and any persons in future having or claiming title to the Property and that it will enure for the benefit of the Adjoining Owner and his successors in title and any persons in future having or claiming title to the Adjoining Property.

4 Registration at HM Land Registry

Within 7 days of the date of this Deed the Building Owner will register this Deed at HM Land Registry against the title of the Property and the Adjoining Property for which purpose the parties hereby consent to the registration of this deed against their respective titles.

5 Entire Agreement

5.1 This Deed constitutes the entire understanding and agreement between the parties in relation to the subject matter of this Deed.

5.2 Each party acknowledges that it has not entered into this Deed in reliance wholly or partly on any representation or warranty made by or on behalf of the other party (whether orally or in writing) other than as expressly set out in this Deed.

6 Variation

Any variation of this agreement shall be in writing and signed by or on behalf of each party.

This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.

EXECUTED as a DEED }

by the above named }

[insert name] } ……………………………

In the presence of

Name: }

Address: }

Occupation: } ……………………………