As a building owner, you may be familiar with the term “party wall”. A party wall is a shared wall that separates two or more properties, and can be a source of conflict between neighbours. In this blog post, we’ll explore what party walls are, what your rights are as a building owner, and how to resolve any disputes that may arise.
What is a party wall?
A party wall is a wall that sits on the land of two or more owners. Party walls can be found in various types of buildings, including semi-detached houses, terraced houses, and flats. They can be made of different materials, such as brick, stone, or concrete. A party ‘structure’ doesn’t have to be a wall; it can also be a floor or other structure separating the properties within the same building, such as in a block of flats.
The purpose of a party wall isn’t just to provide structural support for both properties. It also serves as a boundary between the two properties and prevents any damage that may occur from one property affecting the other. If one property owner wants to make alterations to the wall or undertake significant repairs, they will need to serve notice to the other owner under the Party Wall Etc. Act 1996 and follow strict procedures if the adjoining owner disputes the works they’d like to do.
What are my rights as a building owner?
As a building owner, you have certain rights regarding party structures. These rights are outlined in the Party Wall etc. Act 1996, which governs party wall disputes in England and Wales. Here are some of the key rights you have as a building owner:
The right to build on or against a party wall
You have the right to build on or against a party wall, as long as you comply with the requirements set out in the Party Wall etc. Act 1996. This may include giving notice to the adjoining owner, appointing a surveyor (if the adjoining owner ‘dissents’ to the notice), and agreeing on the details of the work to be carried out.
The right to access a party wall
If you need to carry out work on your property that involves accessing the party wall, you have the right to do so. This may include carrying out repairs or maintenance work, or installing fixtures and fittings on the wall. Again, it’s essential that the adjoining owner is given a minimum of 14 days notice and that there’s a valid reason to need access to their land.
The right to share the cost of repairs
If the party wall needs to be repaired or maintained, you have the right to share the cost of these works with the adjoining owner. The amount you contribute will depend on the extent of the work, the benefit each party will gain and the proportion of the wall that you own.
The right to dispute a party wall award
Party wall awards are produced by a surveyor (or surveyors) where a dispute has arisen, and is a legal document detailing the extent of works allowed. It also details how access will be granted, when works can take place and who pays the surveyors’ fees. If you are unhappy with a party wall award, you have the right to dispute it. This usually involves appealing to a county court; although either building owner has the right to dispute an award, the process is very expensive due to the legal fees involved.
How to resolve party wall disputes
Despite the clear guidelines set out in the Party Wall etc. Act 1996, disputes can still arise between building owners when it comes to party walls. Here are some tips on how to resolve these disputes:
Talk to your neighbour
If you’re planning to carry out work on the party wall, it’s a good idea to talk to your neighbour first. This can help to prevent any misunderstandings and ensure that both parties are aware of what’s involved.
Give notice
If you’re planning to carry out work on a party wall, you must give notice to the adjoining owner. This should be done in writing and should include details of the proposed work.
Appoint a surveyor
If the adjoining owner does not agree to the proposed work, you may need to appoint a surveyor. The surveyor will act as a neutral party and will help to resolve any disputes that may arise.
Party walls can be a source of tension between neighbours, but understanding your rights as a building owner can help to prevent disputes. By following the guidelines set out in the Party Wall etc. Act 1996 and communicating effectively with your neighbour, you can ensure that any work carried out on the party wall is done safely and legally. Remember, the key to resolving party wall disputes is cooperation and communication between both parties.