Tag: party wall

Advice Center

Party Wall Agreements: Guidelines for Neighbouring Property Owners 

25th July 20230

Firstly, party wall agreements, are a legal arrangement made between property owners who share a common boundary. Typically a wall or fence that separates their properties. The purpose of this agreement is to establish the rights and responsibilities of each owner concerning the party wall. To ensure that any proposed work or construction on the wall does not adversely affect the neighbouring property. 

Party wall agreements are particularly relevant in situations where one property owner intends to carry out construction, renovation, or any work that could potentially affect the structural integrity or stability of the shared wall. This may include activities like: 

  • Building a new wall adjacent to an existing party wall. 
  • Excavating near the party wall. 
  • Demolishing or rebuilding the party wall. 
  • Cutting into the party wall to install beams or other supports. 

The party wall agreement outlines the following key aspects: 

  • Description of the work: The agreement specifies the proposed work in detail and how it will impact the party wall and adjacent properties. 
  • Access rights: It grants the property owner carrying out the work the necessary access rights to the neighbouring property. To conduct the necessary surveys or construction. 
  • Schedule: The time frame for starting and completing the work is outlined in the agreement. 
  • Party Wall Surveyor(s): In many cases, each party involved appoints their own independent party wall surveyor to ensure a fair and unbiased assessment of the situation. Alternatively, if both parties agree, a single surveyor can be appointed, known as an “agreed surveyor.” 
  • Condition survey: A pre-work condition survey of the neighbouring property may be conducted to document the existing condition of the property. So, providing a baseline for any future claims in case damage occurs due to the construction work. 
  • Compensation and costs: The agreement includes provisions for resolving any disputes or claims arising from the construction work. Including liability for damages and how the costs will be shared. 

In addition, it’s essential to follow the appropriate legal procedures and notify your neighbour in writing before initiating any work that could impact a party wall. Failure to do so may lead to disputes and potential legal action. Further more, it’s recommended to consult with a qualified party wall surveyor or a legal professional to ensure compliance with local laws and regulations regarding party wall agreements. The specific requirements for party wall agreements can vary depending on the country or region you are in. 

Advice Center

Keep your neighbours happy and look into the party wall act 

14th November 20220

Firstly, what is the party wall act? 

The party wall act 1996 introduced a procedure for resolving disputes between owners of neighbouring properties. The Party Wall act prevents building work by one neighbour that can undermine the structural integrity of shared walls or neighbouring properties. 

What is a party wall? 

A party wall is a wall that stands on one owner’s land, but is used by two or more owners to separate their buildings.  

What is covered by the act?  

There are certain items of work that you can only be done after notifying the adjoining owners and either receiving written agreement of the neighbour. This includes:  

  • Demolishing and rebuilding a party wall 
  • Underpinning a party wall or part of a party wall 
  • Inserting a damp proof course, even if it’s on your side of the wall.  
  • Cutting into a wall to take the bearing of a beam 
  • Excavating foundations within three metres of a neighbour’s structure and lower than its foundations  
  • Rasing a party wall and, if necessary, cutting off any objects preventing it from happening  
  • excavating foundations within three metres of a neighbour’s structure and lower than its foundations 
  • excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations. 

Reaching an agreement with your neighbours –  

Sending a notice to your neighbours is the first step of the process, without the issue of valid notices, no action can be taken.  

Written notices must be to the neighbours at least two months before starting any party wall works. Your notice must contain: 

  • The name and address of the building owner 
  • The nature and particulars of proposed work. Including plans, sections, and details of construction methods.   
  • The date on which the proposed work will begin 

Once you’ve given your notice your neighbour can: 

  • Give consent in writing  
  • Refuse consent, which will start the dispute resolution process.  
  • Serve a counter notice requesting additional works be done at the same time 

Finally, your neighbour must let you know in writing within 14 days if they consent to your notice.  

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How close can you build to your boundary line?

27th January 20220

When planning a home extension or garden, it’s important to consider if planning permission is required. And then how close to the boundary line the build will be.  

What is a boundary line?  

A boundary is a line that divides one area from another. It may be called a border and defines the extent of one or more areas that are adjacent or in close proximity. Boundaries can be defined physically by coastlines, rivers, roads, walls, fences, and lines painted on the ground.  

How close to your boundary can you build? 

If you’re planning on building an extension of more than one storey, you cannot go beyond the boundary at the rear by more than 3 meters. However, this only applies when there is no other property on the land to the rear of your home.   

A general guideline shows that a build that reaches 2.1 meters is considered acceptable and anything over that  

How close can you build to the neighbour’s boundary?  

The party wall act allows an absolute right to build-up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour’s consent. 

A householder planning application may be required, which takes into account the opinions of neighbours and any other parties that may be affected by the new build. You should talk with your neighbours throughout the process to reduce the risk of them rejecting any proposal.  

What is the process for building on the boundary (party wall)? 

If you want to build a wall or garden wall astride the boundary wall, you must tell your neighbour. You can do this by serving a notice, called a party wall notice. You must also inform the adjoining owner if you plan to build a wall only on your land but up against the boundary line. However, if you have a party wall agreement, your neighbour can’t prevent you from building such a wall.  

Permitted development boundary lines –  

If the proposed build falls within permitted development rights, then the council must approve it. As long as it meets the required regulations. For example, a detached new build must have a maximum eaves height of 3m and a total maximum height of 4m.  

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