In real estate terminology, a party wall is
a shared wall that separates two separately rented or owned units
. Party walls are most commonly found in apartments, condominiums, hotels, and office complexes, where different tenants will share a common structure.
What is the purpose of a party wall?
The Party Wall act
prevents building work by one neighbour that can undermine the structural integrity of shared walls or neighbouring properties
. It is designed to avert and resolve potential disputes with neighbours before building work is started.
What is the difference between a party wall and a boundary wall?
A boundary wall will normally be built with all of its piers on one side only of the wall, so as to keep the whole of the wall on its owner's land. A party fence wall may have
its piers protruding from both sides of the wall
.
How can I find out if a wall is a party wall?
A wall is also a “party wall” if it stands wholly on one owner's land, but is used by
two (or more) owners to separate their buildings
(see diagram 4). An example would be where one person has built the wall in the first place, and another has built their building up against it without constructing their own wall.
What does a party wall agreement cover?
A party wall agreement, covered by the Party Wall Act covers
shared walls between semi-detached and terraced houses, or structures such as the floors between flats or maisonettes, plus garden boundary walls
.
What happens if my Neighbour ignores the Party Wall Act?
However, if an adjoining owner does not respond, then you may appoint a
Party wall surveyor
to act for the adjoining owner. The Party Wall Act allows you to do this without having any further discussion with a neighbour. An adjoining owner cannot rescind the appointment, as it is binding.
How close to my boundary can my Neighbour build?
How close to my boundary can my Neighbour build? Single story extensions to the side of your
property to be no more than four meters in height
and no wider than half the original size of the property. For those building a double extension on their property, you cannot go closer than seven meters to the boundary.
What happens if you build without a party wall agreement?
“If the works commence without the agreement of the neighbour (adjoining owner) the neighbour can
obtain an injunction to prevent the intended works taking place until such time
as an award is made, causing serious delays to your plans” Jon comments.
Can my Neighbour build on the boundary wall?
The short answer is “
yes, subject to serving a valid notice and following the processes
set out in The Party Wall Act.
Can my Neighbour attach things to my boundary wall?
The short answer to this question is, of course,
“no”
. If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence.
What are my rights under the party wall Act?
What rights do you have?
You are entitled to repair and maintain party walls
. In the case of ‘party structures', you must serve a ‘party structure notice' on the adjoining owner, giving two months notice. The work detailed must be carried out within a year, after which time the notice becomes invalid.
Who is responsible for a party wall?
The general principle in the Act is that
the building owner who initiated the work pays for it
. However, there are cases where the adjoining owner may pay part of the cost, for example: where work to a party wall is needed because of defects or lack of repair for which the adjoining owner may be responsible.
Who is responsible for a party fence wall?
Your deeds may state that the fence to your property is a ‘party fence' but this has a different meaning and is unconnected with the 1996 Act. Usually this means that the
fences are maintainable by both owners
and it follows that the fences are also erected on the boundary.
Who pays for a party wall surveyor?
Who pays for the Party Wall Surveying costs? In all normal circumstances, it is
the building owner
who is responsible for the Party Wall Surveying costs. These can include their Party Wall Surveyor's costs and, depending on the adjoining owner's response, an adjoining owner's Party Wall Surveyor's costs.
Do I have to pay for my Neighbours party wall surveyor?
You
need to pay for any building works that you start on a party wall
. Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.
Can my Neighbour build an extension on the boundary line?
In general,
your neighbour only has the right to build up to the boundary line (line of junction) between the two properties
but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.
