In the dizzying world of property, be it commercial or residential and whether you are buying, renting or building, there are a multitude of things to consider, ranging from the simple to the very complicated.
‘Party Walls' are one of the more confusing issues within the property world, and in this article, Arc Building Consultancy’s founding director Stephen Dobinson explores everything you need to know about them, ranging from Party Wall Agreements and Party Wall Notices through to the Party Wall Etc Act 1996 and everything in-between.
Firstly, what is a Party Wall?
There are several types, however the main three are as follows:
· A wall that stands on the land of two or more owners, forming part of a building. This wall can be part of one building, or separate buildings that belong to different owners.
· A wall that stands on the land of two owners but does not form part of a building. This can include a garden wall.
· A wall that is on one owner’s land but is used by two or more owners to separate their buildings.
So, to put it simply, Party Walls stand on the land of two or more owners. They can form a part of the building, not form part of a building [such as a garden wall] or can be used to separate the buildings of two or more owners.
Who owns a party wall?
The owner of a party wall is considered as:
· The person receiving rent or profits from land
· The person in possession of land [except those as a mortgage or as a tenant under a yearly tenancy or less, or as a tenant at will]
· The purchaser under an executed contract
The building owner is considered as the owner undertaking the building work, whereas the adjoining owner is the owner of the land and buildings adjoined to those of the building owner.
Other types of walls and boundaries
While Party Walls are the most common, there are three other types of walls and boundaries to consider.
Boundary wall: This refers to a wall on the edge of a demise and is placed to separate two sections of land that are owned by different people.
Retaining wall: This refers to a wall that supports land that is higher on one side than the other and acts as a boundary wall.
Building faces: This refers to a boundary that runs along the side, front or rear face of a building.
What is the law on party walls?
If you are planning on undertaking building work to your business premises, home or land that will affect your neighbours, residents, or fellow business owners, then you will need to consider the Party Wall Etc. Act 1996.
It is also important to remember that this Act is separate to planning permission and building regulations approval.
While the Act itself can seem rather daunting, it has been put in place to provide a framework for preventing and resolving disputes in relation to Party Walls.
Prior to the building work taking place, the building owner must give all adjoining neighbours a Party Wall Notice outlining their intentions as set out by the Act. This notice must be given at least one-to-two months before the work is scheduled to begin depending on the type of notice to be served.
However, adjoining owners do have the right to disagree and dispute what has been proposed.
What is a Party Wall Agreement?
A Party Wall Agreement is a legal requirement as part of the Party Wall Etc. Act 1996.
The purpose of the Party Wall Etc Act 1996 is to allow the building works to happen, enabling them to progress without issue, and not to hinder such.
The Act has many negative connotations when it really is quite the opposite. The Act has been put in place to protect everybody involved – from the building owner to the adjoining owner.
When do you need a Party Wall Agreement?
If you plan on carrying out any building work near to, or on a Party Wall, then you will need a Party Wall Agreement.
You must tell your neighbours and provide them with a Party Wall Notice; however, this can be done by your chosen party wall surveyor.
Do I need a Party Wall surveyor?
There are a variety of different roles of Party Wall surveyors. They can act as an agent, consultant and/or an agreed surveyor.
The type of Party Wall surveyor you require depends entirely on the work you intend to carry out, but at Arc Building Consultancy, our team of party wall surveying experts are on hand to help, whatever your needs may be.
Arc Building Consultancy can provide the entire Party Wall service, and as your chosen Party Wall surveyor, we can create plans or elevation drawings and resolve any disagreements or disputes between owners or owners and their contractor. This will help relieve any stress, and you can rest assured that all consultancy work will be carried out professionally.
In the instance that your adjoining neighbour disagrees or disputes your intended Party Wall works, we will work on your behalf to resolve such issues, ensuring that all necessary work goes ahead as scheduled, in line with the Party Wall Etc. Act 1996.
Party Wall queries can be directed to Arc Building Consultancy’s expert team of surveyors by email via jamesl@arcbuildingconsultancy.co.uk. Alternatively, readers interested in Arc’s Party Wall services can reach out by telephone on 0115 784 7008.
This article originates from LinkedIn.
Photo by Hello I'm Nik on Unsplash
