What Is a Party Wall?
A party wall is a wall separating or dividing the buildings of two owners. A party wall can be the boundary between two properties, but there is more to it. When there is a structure other than the wall that separates parts of buildings with separate owners, like flats, it will be called a party structure.
The issue of party wall usually comes up to resolve differences, arguments and strife that come up when one of the parties sharing the wall or structure feels offended by the other party sharing the wall or structure. When one party wants to construct a loft conversion, home extension or another construction work that will unavoidably involve hitting the wall or crossing over the wall to complete the construction task.
The Party Wall Act 1996 (as amended) states the two types of the party wall in question and defines a Party Wall as:
1. A wall that stands astride the boundary of land belonging to two (or more) different owners; and
2. A wall that is wholly on one ownersâ land but is used by two (or more) owners to separate their buildings.
Should you inform your neighbour if your planned work will involve the party wall?
Issues relating to a party wall are usually complex and the determination of the actual boundary between the parties sharing the wall may be very tricky to decide. Until one party is planning an extension or removing a particular structure lying on the party wall, there may not be a reason to resort to the party wall.
According to law, you must give a Party Wall Notice to your neighbour (sharing the wall) of any work involving the party wall at least 2 months before the planned date or one month before excavation works begin. Excavation works of 3 – 6 metres to the party wall must be communicated with the neighbours. Party Wall Notice costs £65 and certified Surveyors will help you.
However, when construction work will be done, touching the party wall, the other party, the neighbours, will unavoidably endure the disturbance of the work without benefiting from the work or project. Besides, the chances of the structure collapsing in the future because of the construction work will also be assessed.
Given the above, it is crucial to contact the neighbours before embarking on a project that will touch the party wall or shared wall to avoid litigations and issues that may result in the suspension of the project altogether and other resolutions that may not be in your favour.
To avoid issues when planning an extension, basement or loft conversion project or other related projects that will involve the shared wall or digging the ground to a certain depth, you should serve a notice to affected neighbours, which they should respond to within 14 days. You can start your work immediately if they agree or start a dispute if they do not reply or they disagree.
Party Wall Agreement
It is essential to get the consent of your neighbours after serving them a Party Wall Notice. You need a party wall agreement before you can go ahead with your work touching the wall you share in common with your neighbours. Else, you will be taken to court, where it might be decided that you should stop the project and pay costs and compensation to yr neighbours.
The Party Wall Notice, prepared by a certified surveyor must be compliant with the Act. After receiving the notice, your neighbour has three choices:
1. Agrees to the project without requesting the preparation of a Party Wall Award or request a Schedule of Condition; or
2. Dissents to the notice but agrees to your chosen surveyor to be the agreed party wall surveyor; or
3. Dissents to the notice and insists on appointing their party wall surveyor with the expenses paid by you.
Keep in mind that you cannot start any project without the consent of your neighbours regarding the party wall notice. It is also important to avoid party wall issues or litigation by starting work without notifying your neighbours. It will be a waste of money, time, resources and cost a peaceful coexistence with your neighbours.
Contact John’s Brickwork
When you want to start extension or loft conversion, which will unavoidably involve the party wall, we can help you with the party wall notice and agreement processing. We have in-house surveyors who are certified and experienced in party wall issues and disputes. We will ensure that everything goes on smoothly and you get the party wall agreement needed, as well as other relevant documents like Planning Permission where required.
John’s Brickwork is a leading building contractor with over 25 years of industry experience. We are committed to our clients’ satisfaction, and we help them have a hassle-free experience. Contact us today and see how we can help you.