A party wall is more than just a physical divider; it represents shared responsibility and legal obligations between property owners. Understanding what constitutes a party wall, its implications, and its legalities can be integral for homeowners and landlords alike.
Here’s everything you need to know about party walls.
Defining a party wall
A party wall is essentially a shared boundary structure between two properties, typically dividing buildings belonging to different owners. It can exist vertically (e.g., a wall between semi-detached houses) or horizontally (e.g., floors between apartments).
The party wall serves as a physical and legal boundary between properties. If you’re planning any building work near or on this wall, the law is designed to protect both you and your neighbour from disputes, ensuring that work is done safely and fairly.
Types of party walls
- Structure: This includes walls shared between semi-detached or terraced houses.
- Garden walls: Walls that form a boundary where different properties’ gardens meet.
- Party fence walls: Commonly found in rural areas, these are walls or fences separating the lands of different owners but not forming part of a building.
Related: How to value garden land
The Party Wall Act 1996
The Party Wall Act 1996 was introduced in the UK to prevent and resolve disputes between neighbours over party walls, boundary walls, and excavations near neighbouring buildings. If your project involves any of these, you’ll need to follow the procedures set out in the act.
Here are some key points to understand:
Serving a party wall notice
Before starting any work, you are legally required to notify your neighbours by serving a party wall notice. This must be done at least two months before work begins for building or altering a party wall, and one month before excavation work. The notice should include details of the work you intend to carry out and the date you plan to start.
You must notify your neighbours if you are:
- Building on or up to the boundary: For instance, if you’re constructing a new wall that will sit on the boundary line or just inside it.
- Carrying out work to an existing party wall: This could involve removing part of it, raising it, or altering it in any way.
- Excavating near neighbouring property foundations: If your work involves digging within three metres of a neighbour’s property (and to a depth lower than their foundations), you’ll need to serve a notice.
Once the notice is served, your neighbour has 14 days to either consent or object. If they consent, the work can go ahead, but if they object (or fail to respond), a dispute is deemed to exist.
Related: Tips to add privacy to an overlooked garden
Handling disputes
If your neighbour objects to the planned work, an independent party wall surveyor will need to be appointed. This surveyor’s job is to assess the situation and produce a legally binding party wall award, which outlines how the work should proceed in a way that protects both parties.
In some cases, each party may appoint their own surveyor, or both may agree on a single one.
Communicating with your neighbours
If your neighbour objects to your planned work, this can delay your project, so it’s important to factor this into your timeframe. It’s often helpful to informally discuss your plans with your neighbours before serving a formal notice. This can help avoid misunderstandings and make the formal process run smoothly.
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