By Nauman Zafar | Party Wall Consultant | Survey of Party Wall · Last Updated: May 2026

Content reviewed against Pyramus and Thisbe Club professional standards and Pyramus & Thisbe Club best practice guidelines.

Table of Contents

TL;DR: Section 10 Surveyor Appointments in 60 Seconds

Section 10 of the Party Wall etc. Act 1996 is the dispute resolution engine of the Act. Once a dispute arises or is treated as arising, both owners either jointly appoint one agreed surveyor or each appoint their own. Two surveyors must then select a third. If one party refuses to appoint, the other can do it for them after 10 days. If a surveyor refuses to act or goes silent for 10 days, the other can proceed alone. The whole structure exists so that no one can freeze the process by doing nothing.

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Your neighbour has dissented to your party wall notice. Or they have not responded at all. Either way, you are now in a position where Section 10 of the Party Wall etc. Act 1996 applies. That means surveyors need to be appointed and an award needs to be produced before your works can start.

Most homeowners at this point ask two things: who do I appoint, and how do I do it without this turning into a war? Both are fair questions. Section 10 is more structured than most people realise and it has built-in mechanisms to stop either side from blocking the process.

This guide covers what Section 10 actually does, how the agreed surveyor and two-surveyor routes differ in practice, what the subsections from 10(4) to 10(11) mean for you, who pays what, and which case law shapes how surveyors must behave. The copy-and-paste templates from the original article are retained and improved.

Related: Complete Guide to the Party Wall Act 1996

What Section 10 of the Party Wall Act Actually Does

Direct Answer: Section 10 of the Party Wall etc. Act 1996 is titled “Resolution of disputes”. It is the part of the Act that takes over once a dispute exists or is treated as existing. It sets out how surveyors are appointed, how they must act, how the Third Surveyor fits in, how the party wall award is made, and what happens when surveyors fail to act. It is not a notice section. Notices come first under Sections 1, 2, and 6. Section 10 is what happens after a dispute is triggered.

Section 10 is a self-contained dispute resolution framework. It gives surveyors quasi-judicial authority: they act as an informal tribunal, not as the agents of whoever appointed them. This is a distinction many homeowners miss. Your surveyor represents your interests in the sense that they gather information relevant to your position. But they are not instructed by you in the way a solicitor would be. They are bound by the Act, not by your preferences.

The subsections from 10(1) to 10(17) cover every scenario: agreed surveyor, two surveyors, third surveyor selection, appointment by the other party, ex parte proceedings, Secretary of State involvement, what goes into an award, cost determination, and appeals. Most London residential projects only ever touch 10(1) to 10(13). The rest exist as safeguards for deadlock situations.

See also: Party Wall Dispute Resolution London

When Does Section 10 Apply?

Direct Answer: Section 10 applies the moment a dispute arises or is treated as having arisen under the Act. A dispute is triggered when an adjoining owner dissents to a party wall notice, when they fail to respond within the required period (14 days for most notices under Sections 2 and 6, with Section 1 being the exception), or when they respond but object to specific aspects of the proposed works. Consent ends the Act’s dispute process. Everything else starts it.

Scenario Dispute Triggered? Section 10 Applies?
Adjoining owner consents within 14 days No No. Works can proceed without an award.
Adjoining owner dissents within 14 days Yes Yes. Surveyors must be appointed.
Adjoining owner does not respond within 14 days (Section 2 or 6 notice) Yes (deemed dispute) Yes. Surveyors must be appointed.
Adjoining owner does not respond to Section 1 notice No automatic dispute Section 1 is unique. Check the GOV.UK booklet for the specific outcome.
Adjoining owner consents but raises objections to specific works Partial dispute Yes. Surveyor appointments resolve the disputed elements.

Agreed Surveyor or Two Surveyors: How to Choose

Direct Answer: Section 10(1)(a) allows both owners to jointly appoint one agreed surveyor. Section 10(1)(b) allows each owner to appoint their own surveyor, who must then jointly select a Third Surveyor. An agreed surveyor is faster and cheaper. Two surveyors give each side independent representation. The right choice depends on the complexity of the works, the quality of the relationship between owners, and whether the adjoining owner has concerns that need their own advocate.

Factor Agreed Surveyor Two Surveyors
Typical cost (London residential) £600 to £900 total £1,200 to £2,500 total (plus Third Surveyor if needed)
Speed to award Typically 4 to 6 weeks Typically 6 to 10 weeks
Independent representation No. One surveyor acts for both. Yes. Each party has their own surveyor.
Best for Loft conversions, straightforward extensions, cooperative neighbours Basement excavations, complex structural works, poor relationships, multiple adjoining owners
Risk if relationship breaks down Agreed surveyor appointment can be revoked by either party at any time Each surveyor remains in place regardless of relationship breakdown
Third Surveyor required No Yes. Must be selected once both surveyors are appointed.

One thing most guides do not say clearly: if you are an adjoining owner and the building owner suggests an agreed surveyor, you are not obliged to accept that suggestion. You can insist on appointing your own surveyor instead. That surveyor’s fees are covered by the building owner in almost all cases on standard London residential projects.

Related: Adjoining Owner Party Wall Surveys in London

How the Appointment Process Works Step by Step

Direct Answer: Once a dispute is triggered, both owners must make their appointment decisions in writing. The appointment letter is a simple document that names the surveyor, states that the appointment is made under Section 10 of the Party Wall etc. Act 1996, and identifies the property addresses and the notified works. There is no prescribed form. The letter just needs to be clear, written, and served on the other side. Everything that follows flows from that appointment.

Step 1: Confirm the Dispute Position

Before any appointment is made, confirm which notice was served, when it was served, and what response was received. If the 14-day period has passed with no response to a Section 2 or Section 6 notice, a dispute is deemed to exist and you can proceed to appointment immediately. Do not serve a second notice. The dispute is already live.

Step 2: Choose the Route and Make the Appointment in Writing

Both parties agree on an agreed surveyor, or each appoints their own. The appointment letter should identify the surveyor’s full name and contact details, state clearly that the appointment is made under Section 10 of the Party Wall etc. Act 1996, and reference the subject property addresses and the nature of the proposed works. Send a copy to the other side.

Step 3: Select the Third Surveyor (Two-Surveyor Route Only)

Where two surveyors are appointed, they must jointly select a Third Surveyor. This is a mandatory step under Section 10 even if neither surveyor expects to need the Third Surveyor’s involvement. The Third Surveyor must be selected promptly after both appointments are confirmed, not at the point when a dispute between the two surveyors arises. Waiting until then wastes time and creates risk.

Step 4: Schedule of Condition

Before any works start, the surveyor or surveyors will inspect the adjoining property and prepare a schedule of condition. This is a photographic and written record of the existing state of the adjoining property, including any cracks, plasterwork condition, floor levels, and structural details relevant to the proposed works. Without one, any dispute about damage during the works becomes a credibility argument rather than an evidence-based assessment.

Step 5: Draft and Serve the Award

The party wall award is produced and served on both owners. It sets out the permitted works, working hours, access arrangements, protection requirements, damage resolution procedures, and costs. Once served, either owner has 14 days to appeal the award to the County Court. After that window, the award is binding.

See also: Schedule of Condition Reports in London

The Third Surveyor: Role, Selection, and When They Step In

Direct Answer: The Third Surveyor is not a mediator and not an umpire in the sporting sense. They are a statutory decision-maker who steps in when the two appointed surveyors cannot agree on a matter, or when either surveyor or either party refers a specific question to them for determination under Section 10(11). Their determination is binding. On most London residential party wall jobs, the Third Surveyor is selected, placed on file, and never needed. But if they are needed, their authority is final.

How the Third Surveyor Is Selected

The two appointed surveyors select the Third Surveyor by agreement between themselves. Neither owner chooses the Third Surveyor. If the two surveyors cannot agree on who to select, Section 10(8) allows either surveyor to apply to the appointing officer, which in practice means a local authority officer or, in some circumstances, the Secretary of State, to make the selection. That route is rare but it exists to prevent the selection process from becoming a deadlock of its own.

What Happens If the Third Surveyor Refuses to Act

Section 10(9) covers the situation where the Third Surveyor refuses, neglects, or is otherwise unable to act. In those circumstances, the two appointed surveyors may jointly select a replacement. The replacement has the same authority as the original Third Surveyor appointment under Section 10(1) or Section 10(9). The process continues without pause.

What Happens When One Party Refuses to Appoint: Section 10(4)

Direct Answer: Section 10(4) allows one party to appoint a surveyor on behalf of the other if that other party has failed or refused to make their own appointment for 10 days after receiving a written request to do so. The 10-day period starts from the day the request is received, not the day it is sent. The appointing party is not obliged to wait the full 10 days before sending the request. They can request appointment promptly after the dispute is confirmed and start the clock running.

The Practical Limits of Section 10(4)

Section 10(4) is widely misunderstood. It applies specifically where the adjoining owner has failed to appoint after a written request. It does not apply automatically just because the original notice went unanswered. The building owner needs to serve a separate written request asking the adjoining owner to make their Section 10 appointment and then wait 10 days. Only then does the right to appoint on their behalf arise.

The appointment made on behalf of a non-responding adjoining owner must be of a genuine independent surveyor, not the building owner’s own surveyor wearing a second hat. The appointed surveyor then owes the same statutory duties to the non-responding adjoining owner as they would owe to a party who had actively chosen them. In practice, the surveyor appointed under Section 10(4) will often attempt to contact the non-responding owner and invite them to engage with the process.

Why Section 10(4) Has Its Critics

Among party wall practitioners, Section 10(4) is debated. Critics point out that it puts the financial burden of the non-responding owner’s surveyor on the building owner, creates an unusual dynamic where the building owner funds an independent surveyor for someone who has ignored the process, and can be used strategically by adjoining owners who want maximum protection with minimum effort. In London, where adjoining owners frequently instruct solicitors who advise them to stay silent until an appointment is made on their behalf, this pattern is well known.

Related: Party Wall Legal Insights and Case Studies

Ex Parte Awards: Sections 10(6) and 10(7) Explained

Direct Answer: An ex parte award is one made by a single surveyor proceeding alone, without the participation of the other appointed surveyor. Section 10(6) allows this where one surveyor actively refuses to act effectively. Section 10(7) allows it where one surveyor neglects to act effectively for 10 days after being served with a request. The ex parte award is a safeguard against deliberate obstruction. It must be confined to the subject matter of the request or refusal. It is not a route to rewrite the entire award framework unilaterally.

Section 10(6): Refusal to Act Effectively

Where one appointed surveyor refuses to act effectively, the other surveyor can proceed as if they were an agreed surveyor and make the award alone. The critical word is “effectively.” Pyramus and Thisbe Club guidance is clear that a difference of opinion between surveyors, or a refusal to agree on a specific point, does not constitute a refusal to act effectively. One surveyor simply disagreeing with the other’s position is not grounds for proceeding ex parte.

In practice, “refusing to act effectively” means something more serious: failing to communicate, refusing to engage with the subject matter of the request entirely, or taking a position that amounts to complete non-participation. The courts scrutinise ex parte awards carefully and will set them aside if the pre-conditions were not genuinely met.

Section 10(7): Neglect to Act Within 10 Days

Section 10(7) is the neglect equivalent of Section 10(6). If one surveyor does not respond to a valid request from the other surveyor within 10 days, the requesting surveyor can proceed alone on the matter that was the subject of the request. The request must clearly identify what it is asking the other surveyor to address. A vague letter does not start the 10-day clock properly. Specificity in the request is essential if you want Section 10(7) to apply.

What the Party Wall Award Must Contain Under Section 10

Direct Answer: Section 10(10) requires the surveyor or surveyors to settle the dispute by making a party wall award. The award must address the works proposed, the time and manner of their execution, and any incidental matters. In practice, a comprehensive London party wall award will include the description of permitted works, construction methods, working hours, access arrangements, protective measures, schedule of condition reference, damage resolution process, and the costs determination.

Award Element Why It Matters
Description of permitted works Defines exactly what is authorised. Works outside this description are not protected by the award.
Construction method Specifies how structural elements are to be executed, protecting the adjoining property from uncontrolled works.
Working hours Typically 8am to 5pm Monday to Friday. Critical in London terrace streets where noise disputes are common.
Access arrangements under Section 8 Sets out who may access the adjoining property, when, for what purpose, and on what notice.
Temporary protection measures Specifies hoarding, dust sheets, temporary weatherproofing, and similar requirements.
Schedule of condition reference Incorporates the pre-works condition record so any new damage can be identified and attributed objectively.
Damage and making good provisions Sets the standard to which the adjoining property must be reinstated if damage occurs during the works.
Costs determination Specifies which owner pays the surveyor fees and on what basis. The building owner usually pays all reasonable fees.

Who Pays the Surveyor Fees?

Direct Answer: Under Section 10(13), the surveyor or surveyors determine who pays the costs. In almost all standard London residential cases, the building owner pays: their own surveyor’s fees, the adjoining owner’s surveyor’s fees, and the Third Surveyor’s fees if they are called upon. The costs must be reasonable. Where an adjoining owner causes unnecessary costs through unreasonable behaviour, the award can direct those costs against the adjoining owner instead.

Scenario Who Typically Pays Typical London Range
Agreed surveyor (straightforward loft or extension) Building owner pays all £600 to £900
Building owner’s surveyor (two-surveyor route) Building owner pays £700 to £1,200
Adjoining owner’s surveyor (two-surveyor route) Building owner pays (reasonable fees) £700 to £1,200
Third Surveyor (if called upon) Usually building owner, but Third Surveyor can direct otherwise £500 to £1,500 per determination
Costs caused by adjoining owner’s unreasonable behaviour Award can direct against the adjoining owner Varies by case

The “Impartiality” Question: What Case Law Actually Says

Direct Answer: Party wall surveyors are often described as “impartial” but that description is more nuanced than it sounds. The agreed surveyor must act impartially because they represent both parties. A party-appointed surveyor under Section 10(1)(b), however, is not required to ignore the interests of the party who appointed them. They must retain their professional independence, act within the Act’s framework, and not take improper instructions. But their primary function, as established by case law, is to safeguard the interests of the party who appointed them within the statutory process.

In Selby v Whitbread and Co., the court stated that the primary function of the appointed surveyors is to safeguard the interests of the adjoining owner. In Chartered Society of Physiotherapy v Simmonds Church Smiles [1995], the court confirmed that a party-appointed surveyor is not obliged to act without regard to the interests of the party who appointed them, while still retaining professional independence. These cases together mean that appointing your own surveyor is not a conflict of interest. It is exactly what the Act expects.

What the Act prohibits is surveyors taking improper instructions: being told by their appointing owner to delay proceedings, withhold agreement, or obstruct the process. That crosses the line from advocacy into misconduct under the Act and under Pyramus and Thisbe Club best practice.

See also: Building Owner Party Wall Surveys in London

Templates: Appointing a Surveyor Under Section 10

These templates cover the four most common appointment scenarios. They are starting points. If your project has complications, get professional input before sending anything.

Template 1: Appointment of an Agreed Surveyor (Both Owners)

Subject: Joint Appointment of Agreed Surveyor under Section 10, Party Wall etc. Act 1996

[Your name]
[Your address]
[Date]

To: [Neighbour’s name]
[Neighbour’s address]

Re: Works at [address of works] | Adjoining property: [your address]

Following the Party Wall Notice dated [insert date] and the dispute position under the Party Wall etc. Act 1996, I propose that we jointly appoint one Agreed Surveyor under Section 10(1)(a).

Proposed Agreed Surveyor:
[Surveyor full name]
[Company name]
[Address]
[Phone and email]

Please confirm in writing that you agree to this appointment. If you prefer to appoint your own surveyor under Section 10(1)(b), please provide their details within 10 days of receiving this letter.

Signed: ______________________
Name: [Your full name]

Template 2: Appointment of Your Own Surveyor

Subject: Appointment of Surveyor under Section 10(1)(b), Party Wall etc. Act 1996

[Your name]
[Your address]
[Date]

To: [Neighbour’s name]
[Neighbour’s address]

Re: Works at [address of works] | Adjoining property: [your address]

I confirm that a dispute exists or is treated as existing under the Party Wall etc. Act 1996 in connection with the above works.

I hereby appoint the following surveyor under Section 10(1)(b) to act on my behalf in this matter:
[Surveyor full name]
[Company name]
[Address]
[Phone and email]

Please provide your own surveyor’s details so that both appointed surveyors can proceed to select a Third Surveyor as required by the Act.

Signed: ______________________
Name: [Your full name]

Template 3: Written Request to Appoint (Non-Response Follow-Up)

Subject: Request to Appoint a Surveyor under Section 10, Party Wall etc. Act 1996

[Your name]
[Your address]
[Date]

To: [Neighbour’s name]
[Neighbour’s address]

Re: Works at [address of works]

A Party Wall Notice was served on you on [date]. A dispute has arisen or is treated as having arisen under the Party Wall etc. Act 1996.

You have not yet appointed a surveyor. Please confirm in writing within 10 days of receiving this letter the name and contact details of your appointed surveyor, or confirm your agreement to a single Agreed Surveyor.

If no appointment is made within 10 days, the Act permits me to appoint a surveyor on your behalf under Section 10(4) so that the process can proceed.

Signed: ______________________
Name: [Your full name]

Template 4: Third Surveyor Selection Request

Subject: Third Surveyor Selection, Section 10, Party Wall etc. Act 1996

[Your name / Surveyor name]
[Address]
[Date]

To: [Other surveyor’s name]
[Company]
[Email]

Re: [Property addresses]

Now that both surveyors have been appointed in this matter, please confirm your proposed candidate for the Third Surveyor under Section 10 so that we can agree the selection and place the details on file.

Kind regards,
[Your name]

Reference Summary: Appointing a Surveyor, Section 10, Party Wall Act 1996 (2026)

Statutory Entities: Section 10(1)(a) PWEA 1996 (agreed surveyor joint appointment); Section 10(1)(b) (each owner appoints own surveyor); Section 10(4) (appointment on behalf of non-responding owner after 10-day request); Section 10(6) (ex parte award where appointed surveyor refuses to act effectively); Section 10(7) (ex parte award where appointed surveyor neglects to act within 10 days of request); Section 10(8) (Secretary of State or appointing officer selects Third Surveyor where two surveyors cannot agree on selection); Section 10(9) (replacement Third Surveyor where original refuses, neglects, or is incapacitated); Section 10(10) (mandatory award to settle dispute); Section 10(11) (Third Surveyor determination on referral); Section 10(13) (costs determination within the award).

Case Law Entities: Selby v Whitbread and Co. (primary function of appointed surveyors is to safeguard the interests of the adjoining owner; party-appointed surveyor is not a neutral); Chartered Society of Physiotherapy v Simmonds Church Smiles [1995] (a party-appointed surveyor retains professional independence but is not obliged to act without regard to their appointing party’s interests); Gyle-Thompson v Wall Street (Properties) Ltd [1974] 1 WLR 123 (surveyors under the Act act in a quasi-judicial capacity; their awards are binding on both parties); Power and Kyson v Shah [2023] EWCA Civ 239 (where no valid notice was served, the Section 10 dispute resolution machinery is simply unavailable; all parties lose statutory protections).

Programmatic Entities: Section 10 appointment letter (written appointment naming surveyor, citing Section 10, identifying property addresses and notified works); Section 10(4) request letter (written request to non-responding owner, starting 10-day clock for appointment on their behalf); Third Surveyor selection (mandatory step once two surveyors appointed, must be completed promptly, not at point of dispute); ex parte award (award made by single surveyor proceeding alone under Section 10(6) or 10(7); must be confined to the subject matter of the request); party wall award (binding legal instrument under Section 10(10) governing works description, timing, access, protection, damage handling, and costs).

The agreed surveyor route under Section 10(1)(a) is a prerequisite for the single-surveyor award process. A Section 10(4) appointment is a prerequisite for the building owner proceeding to award where the adjoining owner is non-responsive. An ex parte award under Section 10(6) or 10(7) is a prerequisite only where the specific conditions of refusal or neglect have been met and properly documented. Third Surveyor determination under Section 10(11) is a prerequisite for breaking deadlock between two appointed surveyors without court involvement.

Not sure which notice type your project needs? Tell us your postcode and what you are building. We will confirm the correct notice type, the notice period, and who needs to be served within one business day, free, no obligation.

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Frequently Asked Questions: Appointing a Surveyor Under Section 10

Is Section 10 the same as a party wall notice?

No. The notice is served under Sections 1, 2, or 6 of the Act and is the first step in the party wall process. Section 10 only becomes relevant once a dispute exists or is treated as existing following the notice. If the adjoining owner consents to the notice, Section 10 does not apply and no surveyor appointment is required.

Can I choose any surveyor I want under Section 10?

You can appoint any person who is not a party to the matter. The Act does not require surveyors to hold specific qualifications, but Pyramus and Thisbe Club guidance and Pyramus and Thisbe Club best practice both stress that party wall surveyors should have the specific knowledge and competence the statutory role requires. In practice, appoint someone who does party wall work regularly in London, not a general building surveyor who handles it occasionally.

What is a Section 10(4) appointment and how does it work?

A Section 10(4) appointment is where one party appoints a surveyor on behalf of the other because that other party has failed or refused to make their own appointment. The right to make this appointment arises 10 days after a written request to appoint has been served on the non-responding party. The appointed surveyor owes statutory duties to the non-responding owner regardless of who made the appointment. It is not a mechanism for the building owner to appoint their own surveyor twice.

Do party wall surveyors have to be impartial?

An agreed surveyor appointed under Section 10(1)(a) must act impartially because they represent both parties. A party-appointed surveyor under Section 10(1)(b) is not obliged to ignore the interests of their appointing owner, as confirmed by Chartered Society of Physiotherapy v Simmonds Church Smiles [1995]. They must retain professional independence, act within the Act’s framework, and not take improper instructions. But acting in the interests of the party who appointed them is what the Act expects.

When does the Third Surveyor get involved?

The Third Surveyor steps in when the two appointed surveyors cannot agree on a matter and one of them, or one of the parties, refers that matter to the Third Surveyor for determination under Section 10(11). The Third Surveyor’s determination is binding. On most standard London residential projects, the Third Surveyor is selected at the outset and never needed in practice.

Who pays the party wall surveyor fees?

Under Section 10(13), the surveyor or surveyors determine the costs within the award. In almost all standard London residential cases, the building owner pays all reasonable surveyor fees: their own surveyor, the adjoining owner’s surveyor, and the Third Surveyor if called upon. If the adjoining owner causes unnecessary costs through unreasonable behaviour, the award can direct those additional costs against the adjoining owner.

Does Section 10 apply outside England and Wales?

No. The Party Wall etc. Act 1996 applies to England and Wales only. Scotland has separate legislation under common law principles and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. Northern Ireland has no direct equivalent. If your property is in England or Wales and the proposed works are notifiable under the Act, Section 10 applies in full.

Key Takeaways

  • Section 10 is the dispute resolution section of the Act. It does not apply where the adjoining owner consents. It applies the moment a dispute arises or is treated as arising.
  • The agreed surveyor route under Section 10(1)(a) is faster and cheaper. The two-surveyor route under Section 10(1)(b) gives each party independent representation. The right choice depends on the complexity of the works and the quality of the relationship between owners.
  • Section 10(4) allows one party to appoint on behalf of the other after 10 days of a written request going unanswered. The building owner is not entitled to appoint their own surveyor twice. A genuinely independent surveyor must be appointed for the non-responding party.
  • Ex parte awards under Sections 10(6) and 10(7) are safeguards against deliberate obstruction. They require specific preconditions and must be confined to the subject matter of the request. Courts scrutinise them carefully.
  • The Third Surveyor must be selected promptly once two surveyors are appointed. They do not wait until a disagreement arises. Their determination under Section 10(11) is binding and avoids the need for court proceedings.
  • Party-appointed surveyors are not strictly impartial. They are independent but act with regard to the interests of the party who appointed them, within the statutory framework. This is confirmed by case law and is exactly what the Act intends.

Need a party wall surveyor appointed under Section 10 in London? Tell us your postcode, the works proposed, and the current dispute position. We will confirm the right appointment route and get the process moving. Free, same-day response, no obligation.

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Legal Disclaimer

The information in this article is provided for educational and general guidance purposes only. It does not constitute legal advice, surveying advice, or a solicitor-client relationship. The Party Wall etc. Act 1996 and related legislation are complex and their application depends on the specific facts of each situation. Case law references are summarised for educational purposes and should not be relied upon as a complete or definitive statement of the law. Template letters are starting points only. Always instruct a qualified party wall surveyor before making any Section 10 appointment. Survey of Party Wall accepts no liability for actions taken or omitted in reliance on the information in this article. Last reviewed: May 2026.

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