Patios and terraces can transform an outside space.
For most straightforward paving works, the Party Wall Act will not be relevant.
However, the position can change where a patio is significantly raised, involves retaining structures or requires substantial excavation close to a neighbouring building.
A normal patio is unlikely to be a Party Wall matter
Replacing paving slabs or constructing a conventional patio within your own garden will not normally trigger Party Wall procedures.
The Party Wall etc. Act 1996 is not a general law controlling every building project carried out near a neighbour.
The nature of the work matters.
Raised terraces can be different
A raised terrace may require:
- retaining walls;
- substantial foundations;
- structural walls;
- excavation;
- changes to boundary structures; or
- construction directly against an existing wall.
These features may need closer consideration.
Retaining walls near the boundary
If a new retaining wall is proposed on or very close to the legal boundary, it is important to understand precisely where it will sit.
Our Section 1 Party Wall Notice guide explains the statutory procedure for new walls constructed at the line of junction.
It is also important to remember that Party Wall surveyors do not determine disputed legal boundaries. You can read more in our guide, Do Party Wall Surveyors Determine Boundary Lines?.
Excavation can trigger the Act
Deep excavation for foundations or retaining structures may also be notifiable where it takes place sufficiently close to a neighbouring building and below the level of the neighbour’s foundations.
This can arise even where the new terrace does not physically touch the neighbouring property.
Think about water as well as structure
Raised patios and terraces should be designed so that surface water is managed properly.
Directing additional water towards a neighbouring property can create disputes, but this is generally separate from the Party Wall Act.
Good design can prevent practical problems before they arise.
Check the drawings early
If your landscape project involves significant changes in level, retaining walls or deep foundations, ask for Party Wall advice before construction begins.
You can also review our guide to what drawings are needed with a Party Wall Notice if your scheme is already at design stage.
Simple Survey can review your project
Simple Survey can review proposed patios, terraces, retaining structures and associated excavation to establish whether Party Wall Notices are required.
Visit our Party Wall Surveyor page or send us your drawings before work starts.