The Future of Basements — Interview with Rob French

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Episode Notes

Rob French, Equity Partner at Delva Patman Redler, explores the unique issues arising when digging basements adjacent to existing basements — and provides practical advice for surveyors confronted with these complex problems.

Enclosure Costs and Trespass

When underpins extend beyond expected boundaries due to poor construction practices, disputes arise over trimming costs
There is no right of setoff even when building owners incur trimming expenses — creating financial complications that surveyors must address in the award

Security for Expenses

Appropriate security levels, holding mechanisms (escrow accounts, insurance policies, bank accounts), and release terms
Rob suggests that holding security for a year or even 18 months after basement completion may be excessive in many cases
Referenced resource: Security for Expenses Limited — a specialist service for this purpose

Reinstatement vs. Diminution in Value

The Lea Valley Developments case established that compensation may combine diminution calculations with reinstatement costs to bridge gaps between assessment methods

Pile Perimeters and Design

Deviation risks when piles are positioned at property boundaries, with potential trespass into adjoining land
Rob advises thorough structural analysis before determining access rights — poor pile design is a recurring source of disputes

Two-Stage Underpinning and Unnecessary Inconvenience

A case study where untested ground at the initial underpinning stage caused wall movement — emphasising that two-stage methods create "more risks in certain circumstances"
The Act permits inconvenience but forbids "unnecessary inconvenience" — and surveyors must address unreasonable demands even when they are technically lawful
Why basement projects are increasingly litigious: owners become "very passionate" about disruption, making disputes more emotionally charged

Key Cases Referenced

Selby v Whitbread • Gray v Elite Town Management • Brewer v Leccacorvi • Chaturachinda v Fairholme • Lea Valley Developments

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