WHEREAS Mr & Mrs J Smith of No. 40 Nelsons Gardens, Tunbridge Wells, Kent (hereinafter referred to as the Building Owner) an owner within the meaning of the said Act of the premises known as No. 40 Nelsons Gardens, Tunbridge Wells, Kent did on the 26th March 2005 serve upon Mr & Mrs K Jones of No. 42 Nelsons Gardens, Tunbridge Wells, Kent (hereinafter referred to as the Adjoining Owner) an owner within the meaning of the Act of the adjoining property known as No 42 Nelsons Gardens, Tunbridge Wells, Kent, notice of their intention to exercise their rights to them under the Party Wall Etc. Act 1996, Sections 6.2 and by executing works as more particularly defined in the Notice.

AND WHEREAS the Building Owner and Adjoining Owner have appointed Marshall F. Pont C.Eng., M.I.Struct.E., M.Am.Soc.C.E. of 67 Mackerels Plain, Back Lane, Ide Hill, Nr. Sevenoaks, Kent, TN14 6BW to act as The Agreed Party Wall Surveyor in accordance with The Party Wall Etc. Act 1996.

AND WHEREAS the Agreed Party Wall Surveyor so appointed has selected Mr G. North MRICS, ACIArb of 6 Long Lane, London EC1A 9HF to act as the Arbitrating Surveyor in accordance with the provisions of the Act and, in the event of his being unable or unwilling to act and their being unable jointly to agree upon a substitute, they have agreed that another Surveyor shall be appointed by the Appointing Officer of the Local Authority.
NOW WE, being the agreed Party Wall Surveyor so appointed, having inspected the said premises, DO HEREBY AWARD AND DETERMINE AS FOLLOWS:

1. (a) THAT wall separating the building and Adjoining Owner’s premises is deemed to be a party wall within the meaning of the Act.
(b) THAT the existing property as described in the attached Schedule of Condition, pages 1 – 9 dated 7th May 2005 is sufficient for the present purposes of the Adjoining Owner.
(c) THAT the Schedule of Condition dated 7th May 2005 pages 1 – 9 attached hereto and signed by The Agreed Party Wall Surveyor forms part of this Award.
(d) THAT the structural and architectural drawings attached hereto, 2701/9, 2701/10, 2701/11, 2701/12, 2701/13A and 2701/14 and signed by the Agreed Party Wall Surveyor, form part of this Award.

2. THAT immediately upon the signing and exchange of the Award the Building Owner shall be at liberty if he so chooses, but shall be under no obligation to carry out the following works:
a) To construct a new rear and side extension to No. 40 Nelsons Gardens and excavate for footings to a depth of 1m below ground level.

3. THAT no material deviation from the agreed works shall be made without prior consultation with and agreement by The Agreed Party Wall Surveyor.