Many houses in the United Kingdom especially in cities and towns are semi-detached or in a row of terraces, meaning they share a wall with at least one other house. In terms of ownership, both you and your neighbor share the ownership of the wall, otherwise known as a ‘party wall’. Other examples of party walls are garden walls, fences, or structures sitting on a boundary but with no other structure attached on the other side.
Usually, there is little reason to know if your wall is a party wall, however, if you or your neighbor are planning renovations that will affect the shared wall then researching information on party walls is something you should seriously consider doing if you want to avoid potentially frustrating disputes down the road or even your neighbor doing unexpected construction work causing structural changes to your property.
If you or your neighbor are planning some construction that will affect a party wall and want to avoid any disputes then this guide to party walls will help you.
Survey the Party Wall First
Before creating designs for renovation or replacing an old crumbling wall in the garden you first need to know the length, height, and width of the party wall. Precise measuring equipment is required to do this and create blueprints, however, party wall surveyors in London and other parts of the UK can come to your property and do this for you. Taking time to survey the party wall will provide you with more information to use in designs that you can share with your neighbor.
When should you call a chartered surveyor? Any time you or your neighbor are going to do building work that affects a party wall you should get the wall surveyed as it comes under the sphere of the Party Wall Act 1996.
What is the Law on Party Walls?
The Party Wall Act was created to reduce the risk of disputes surrounding party walls and construction. The legislation provides a legal framework and guidelines on how to prevent and resolve disputes over party walls.
A central clause in the Party Wall Act is the one that states a neighbor cannot undermine the structural integrity of a party wall such as knocking it down or excavating near foundations.
The legislation also lays out what can be considered a party wall, here are a few examples of party walls:
- The walls between terraced houses
- Shared walls between semi-detached houses
- Floors and ceilings between apartments
- Shared boundary garden fences and walls
- Any wall that sits on a boundary
When Is The Party Wall Act Applied?
According to the Party Wall Act, it is possible to undertake minor works and repairs on the party wall as long as it doesn’t affect the structural integrity of the wall or damage the neighbor’s side of the wall. Examples of this more superficial work are drilling holes for shelving, replacing plaster, and adding electrics.
Instances of construction that are covered by the Party Wall act are:
- Excavations within 3 meters of the party wall’s foundations
- Removing a chimney from a shared wall
- Increasing or decreasing the height, length, or width of a party wall
- Installing beams into the wall
- Knocking down the wall
- Constructing a new wall on a boundary
- Installing a damp-proof course
What is the Law About Excavation and Foundations?
If you are building an extension or digging a basement then you will have to excavate the soil first to build new foundations, however, if the trenches will be within 3 meters of the party wall then you will have to get your neighbor’s consent, this also applies for when you want to dig deeper than the party wall’s foundations.
Causes of Party Wall Disputes
Neighbors are likely to have a party wall dispute if one neighbor has failed to comply with the Party Wall Act, when planning building work on a party wall written notice must be sent to your neighbor between 2 and 12 months before breaking ground on the renovation. The neighbor then has 14 days to give written consent for the work to begin, if the neighbor doesn’t give consent then the two parties are considered to be in a party wall dispute.
Other party wall disputes are often related to disagreements over the dimensions, ownership, and maintenance of a shared boundary structure. Usually, boundaries between two adjoining properties are marked by a structure such as a fence, hedge, or wall but can also be determined by other features such as a driveway, posts, stones, or trees.
Over time and a succession of different homeowners and residents, party walls can be altered, moved, or become overgrown. One way of determining the exact location of where the boundary wall should be is to check where it is indicated on the Land Registry Title Plan and compare it with the real location recorded by a surveyor.
How to Prevent Party Wall Disputes
To avoid any disagreements with your neighbor regarding a party wall it is worth sending notice of party wall changes to your neighbor as early as possible. However, sometimes your neighbor isn’t in fact the legal owner of a property so to ensure you are getting consent from the actual legal owner you can search the Land Registry online.
The easiest and least stressful way to prevent border wall disputes between neighbors is to start discussing building plans with your neighbor early on. Being honest with them about the scope of construction, how will affect their property, and how potential damages to the adjoining property can be mitigated.
In order to get written consent quickly and avoid a dispute, you might have to agree to some specific conditions so your neighbors are confident their property won’t be impacted too much.
Resolving Party Wall Disputes
If a neighbor doesn’t give written consent then you may want to call a surveyor to create an impartial settlement that represents the interests of both neighbors and finds the best way forward. The document will include details of the proposed construction work, the present condition of both properties, and who will cover the costs of the work on the shared wall.
The majority of homes in the UK will have a party wall that is shared with your neighbor If you are planning any building work that will have an impact on the wall’s structural integrity and strength, you will need to know more about what a party wall is and what your rights are if you want to avoid a dispute, so hopefully, the guide above about party walls was useful for you.