What is a party wall?

Unfortunately, we’re not living in a world where our houses come alive at night and have a silent disco whilst we sleep (or at least I don’t think my house does!) nor is a party wall some kind of midnight raver. Rather there are two recognised types of (altogether more boring) definitions of Party Walls. 

 

Party Wall type A – the wall stands astride the boundary of land belonging to two or more different owners. Such a wall maybe part of one building or separating two buildings. Within this category we also see “Party Wall Fences” this is a where that stands astride the boundary line between the land of different owners for example a garden wall. It is important to note that a wooden fence would not be a party fence wall. 

 

Party Wall type B – the wall stands wholly on one person’s land but is used by two (or more) owners to separate their buildings. For example, a person may build a wall and another person has come along and butted their building up against it without constructing their own wall. Only the part of the wall that separates the two pieces of land are the parts having the party…the other sections of either side or above are not invited to the party. 

 

 

MG Legal, Solicitors in Preston note that the most commonly used rights are: 

If you are carrying out minor works such as re-plastering, drilling into a party wall to fix a plug or replacing electrical wiring then you do not need to serve notice. 

 

If you intend to carry out any works you must inform the adjoining owners – you shouldn’t even make changes to the walls on your side without letting the other owners know. Interestingly; the act does not contain any enforcement provisions if you were not to serve notice on the owners of adjoining land however if notice is not served then the adjoining owners may see to make you stop work by way of a court injunction. 

 

An adjoining owner cannot stop someone from carrying out works that fall under the Act but they can influence how and when the work is carried out. Before you go planning your big party…wall remember that the Act does state that the Building Owner must not cause inconvenience over and above that which will inevitably occur when such works are carried out. 

 

Obviously, it is always best to discuss with your adjoining owners what works you plan to undertake and explain that you will be servicing Notice on them to carry out certain works. 

 

The Notice should include the following: - 

 

 

You must serve the Notice at least two months before you intend to start any works. 

If owners cannot agree on what should be done at a property, then objections should be put in writing and an agreed surveyor should have the final say. Any agreements should always be put in writing.