Party Wall Agreements
Party wall agreements are often overlooked when taking on building projects. We have consistently been dealing with such issues for the last 20 years and can help on any building project that require a Party Wall agreement.
Most people by now will have heard about Party Wall Agreements, but will know very little about them or be mis-informed regarding their use and power.
What is a Party Wall?
A Party wall is defined as a wall forming part of a building that stands on the land of different owners, or as much of a wall that separates buildings belonging to different owners. For example the common wall which separates a pair of semi-detached houses, or in terrace of houses, and also walls (and floors) separating flats. A masonry garden wall built astride the boundary line could also fall into this definition.
So when does the Act apply?
A Party Wall Notice should be served if any one of the following applies:
- It is intended to build upon the line of junction (i.e. boundary line) that has not been built upon.
- It is intended to make structural alterations to the Party Wall for the purpose of;
- installing steel beams (i.e. typically in a loft conversion)
- to raise the wall to enclose a proposed extension,
- to cut into the party wall to insert a damp proof course, lead flashing, or any other weather protection for a structure being built against it,to underpin a party wall (i.e. when forming a basement)
- when excavating foundations within 3m of an adjoining structure and the proposed foundations would be lower than those of a structure within 3m,
- When constructing foundations which would be within 6m of your adjoining owners building, and the depth of the proposed foundations would cut a line drawn at 45 degree from the base of their foundations towards your foundations, e.g. when forming deep piled foundations.
- If proposing to form a Through-lounge opening between the front and rear reception rooms,
- Where the Chimney Breasts are being removed and attached to the party wall.
The above is not a comprehensive list, but covers the most frequent scenarios for the average home owner.
As members of the Faculty of Party Wall Surveyors we are in a position to assist either building owners contemplating carrying out any of the above, but we can also act as Adjoining Owners Surveyor for a neighbour concerned about proposed works taking place next door to them. Call and speak to us for advice.