WHAT IS A “PARTY WALL”?
Released On 8th Feb 2024
What is meant by the term Party Wall and how does this affect the ability to do work on your own property?
A Party Wall is a section of wall (or fence) that separates two adjoining properties. The wall can either stand on both sides of the boundary line or can stand on one neighbour’s land but is used by both properties.
If you plan to carry out building or maintenance work to the party wall, then you must follow the process set out in the Party Wall etc. Act 1996. This doesn’t apply to minor work such as replastering walls, attaching shelves, replacing / fixing electrical sockets /wiring etc.
- Serve written notice on all neighbours who share the party wall 2-12 months before you plan to start the work.
- If your property is leasehold, serve the notice on all owners. If you can’t identify all the owners despite extensive searches, attach the notice to a visible part of the building.
- Explain in the notice what the works are that you propose to do, the start date for the work and the timescales involved. Your neighbour can either provide their consent by signing the notice and returning it, propose an alternative plan or refuse consent.
- If your neighbour doesn’t respond within 14 days or refuses consent, this creates a party wall dispute.
- If you can’t resolve the party wall dispute between yourselves, an independent surveyor will need to be appointed to settle the dispute and draw up an agreement for the work. You will need to cover these costs.
If you don’t follow the above process correctly, then your neighbour can challenge the works that you carry out to the party wall and this can lead to significant costs to you.
For more information contact our Conveyancing team here.
