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Party Wall Surveyors

The Party Wall Etc., Act 1996 sets out a legal framework to safeguard the

interests of adjacent or adjoining owners about a Party Wall.

 

What is a Party Wall?

 

A Party Wall separates the buildings of two different owners. The wall

may stand astride the boundary or be entirely on one owner's land.

 

RDP are experienced Party Wall Surveyors and will give you impartial advice.

 

The Party Wall Etc., Act  1996 recognises two types of wall:

 

What is a Party Wall - Type A?

 

A Type A Party Wall forms part of a building and stands on lands of

different owners, i.e the wall stands astride the boundary. Examples

include walls separating terraced or semi-detached houses or a wall

that forms the boundary between two gardens, which is referred to as a

'party fence wall'.

 

What is a Party Wall - Type B?

 

A Type B Party Wall stands wholly on one owner's land, but is used by

two (or more) owners to separate their buildings. An examples is where

a neighbour has a structure, such as a garage, that butts up against a

wall that is owned by the other neighbour. Only the part of the wall

that does the separating is a Party Wall with the wall above or to the

side not being a Party wall.

 

What is a Party Fence Wall?

 

A "party fence wall" is not part of a building. It stands astride the

boundary line between lands of different owners and is used to

separate those lands. This would include a garden wall but, despite

the name, excludes wooden fences, or fences with concrete posts.

 

 

What Works Come Under The Party Wall Act?

 

Notifiable works will fall in to one of three categories.

 

   Work which impacts a Party Wall;

   Notice of Adjacent Excavation;

   A New Wall at the Line of Junction.

 

Work which impacts a Party Wall

 

These works fall under Section 2(2) of the Party Wall Act and quoting

directly from the Act a building owner shall have the following rights

-

(a) to underpin, thicken or raise a party structure, a party fence

wall, or an external wall which belongs to the building owner and is

built against a party structure or party fence wall;

(b) to make good, repair, or demolish and rebuild, a party structure

or party fence wall in a case where such work is necessary on account

of defect or want of repair of the structure or wall;

(c) to demolish a partition which separates buildings belonging to

different owners but does not conform with statutory requirements and

to build instead a party wall which does so conform;

(d) in the case of buildings connected by arches or structures over

public ways or over passages belonging to other persons, to demolish

the whole or part of such buildings, arches or structures which do not

conform with statutory requirements and to rebuild them so that they

do so conform;

(e) to demolish a party structure which is of insufficient strength or

height for the purposes of any intended building of the building owner

and to rebuild it of sufficient strength or height for the said

purposes (including rebuilding to a lesser height or thickness where

the rebuilt structure is of sufficient strength and height for the

purposes of any adjoining owner);

(f) to cut into a party structure for any purpose (which may be or

include the purpose of inserting a damp proof course);

(g) to cut away from a party wall, party fence wall, external wall or

boundary wall any footing or any projecting chimney breast, jamb or

flue, or other projection on or over the land of the building owner in

order to erect, raise or underpin any such wall or for any other

purpose;

(h) to cut away or demolish parts of any wall or building of an

adjoining owner overhanging the land of the building owner or

overhanging a party wall, to the extent that it is necessary to cut

away or demolish the parts to enable a vertical wall to be erected or

raised against the wall or building of the adjoining owner;

(j) to cut into the wall of an adjoining owner's building in order to

insert a flashing or other weather-proofing of a wall erected against

that wall;

(k) to execute any other necessary works incidental to the connection

of a party structure with the premises adjoining it;

(l) to raise a party fence wall, or to raise such a wall for use as a

party wall, and to demolish a party fence wall and rebuild it as a

party fence wall or as a party wall;

(m) subject to the provisions of section 11(7), to reduce, or to

demolish and rebuild, a party wall or party fence wall to -

(i) a height of not less than two metres where the wall is not used by

an adjoining owner to any greater extent than a boundary wall; or

(ii) a height currently enclosed upon by the building of an adjoining owner;

(n) to expose a party wall or party structure hitherto enclosed

subject to providing adequate weathering.

Excavation close to an Adjoining Building

 

This type of work is covered by section 6 of the Party Wall Act and

can be divided in to two parts. Again quoting from the Act itself:

 

Section 6(1) applies where -

 

(a) a building owner proposes to excavate, or excavate for and erect a

building or structure, within a distance of three metres measured

horizontally from any part of a building or structure of an adjoining

owner; and

 

(b) any part of the proposed excavation, building or structure will

within those three metres extend to a lower level than the level of

the bottom of the foundations of the building or structure of the

adjoining owner.

 

Section 6(2) applies where -

 

(a) a building owner proposes to excavate, or excavate for and erect a

building or structure, within a distance of six metres measured

horizontally from any part of a building or structure of an adjoining

owner; and

 

(b) any part of the proposed excavation, building or structure will

within those six metres meet a plane drawn downwards in the direction

of the excavation, building or structure of the building owner at an

angle of forty-five degrees to the horizontal from the line formed by

the intersection of the plane of the level of the bottom of the

foundations of the building or structure of the adjoining owner with

the plane of the external face of the external wall of the building or

structure of the adjoining owner.

Construction of a New Wall at the Line of Junction

 

The construction of new wall at the line of junction is covered under

Section 1 of the Party Wall Act and states.

 

This section shall have effect where lands of different owners adjoin and -

 

(a) are not built on at the line of junction; or

 

(b) are built on at the line of junction only to the extent of a

boundary wall (not being a party fence wall or the external wall of a

building),

 

The new wall may be built up to the boundary line but wholly on the

land of the Building Owner or astride the boundary line i.e. with part

of it on each owners side. If the Adjoining Owner refuses consent then

the wall must be built wholly on the Building Owner's side.

 

If you need advice contact RDP Surveyors.

RDP are experienced Party Wall Surveyors and will give you impartial advice.

 

Government Guidance is available by following this link

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