At Simple Survey, our expert team of chartered surveyors based in Southampton assists clients with Party Wall matters on a daily basis. In this article, we provide a brief overview of the Party Wall Act, explaining its purpose, how it applies when planning an extension, your responsibilities under it, and why it’s crucial to take these responsibilities seriously.
What is the Party Wall Act?
The origins of Party Wall legislation trace back to 1666, following the devastation of the Great Fire of London, which led to significant changes in building regulations to prevent fires from spreading between adjacent properties. This resulted in the London Rebuilding Act 1667, which laid the groundwork for future building laws.
Over the years, these regulations were updated and expanded, notably through the London Building Acts, which remain in effect today. However, earlier legislation was mostly confined to London, leaving a limited framework for handling disputes between neighboring properties. To address this, the Party Wall etc. Act 1996 was introduced, replacing the older, more localized rules.
The Party Wall Act’s main objective is to allow property owners in England and Wales to carry out their planned construction while offering a structured process to resolve disputes and protect neighboring owners.
Often, building owners planning extensions view the Party Wall Act as an unnecessary cost and delay. However, it’s important to understand that the Act is designed to help building owners proceed with their work while ensuring the protection of neighbors. So, while it might seem like an obstacle, it’s actually a supportive tool for your project.
How Does the Party Wall Act Apply to My Extension?
If you’re building an extension, the work that typically triggers the Party Wall Act involves constructing a new wall along the boundary line between your property and your neighbor’s, or excavating close to your neighbor’s property for new foundations.
You might also encounter situations where the extension affects a Party Wall itself—this is more common with projects like loft conversions, where cutting into the Party Wall may be necessary to insert structural elements like steel beams.
For semi-detached or terraced houses planning a rear extension, serving a Party Wall Notice on your neighbor is almost certainly required. However, if you live in a detached property far from the boundary line and your extension doesn’t touch the line of junction, you might not need to serve a notice.
The key factor in determining whether your work is notifiable is the proximity of your excavations to your neighbor’s property and how deep your foundations are.
It’s essential to consult an experienced Party Wall surveyor to assess your plans. They can help determine whether you need to serve a Party Wall Notice.
Why Should I Serve a Party Wall Notice, Even If I Live in a Detached Property?
One common misconception is that the Party Wall Act only applies when you share a wall with your neighbor. In reality, it also pertains to the foundations and potential risks of excavations near a neighboring property.
What Happens if I Want to Build on the Boundary Line?
If you plan to construct your extension directly on the boundary line, you will need to serve a Party Wall Notice on your neighbor. Moreover, if you intend to build a new wall astride the boundary, you’ll require your neighbor’s written consent. This is because you don’t have the automatic right to build on the boundary line without their approval.
If your neighbor refuses consent, you will need to adjust your design.
This scenario highlights the importance of consulting a Party Wall surveyor early in your planning process. They can help you understand what’s needed and avoid costly delays later on.
We also recommend communicating with your neighbor before submitting a Party Wall Notice. If you can gauge their stance on building astride the boundary, this may save time and money by allowing you to modify your design early on.
Additionally, check with your architect whether modifying the design would incur extra fees, in case your neighbor objects to your proposed position.
Common Issues When Building on the Boundary Line
Although the Party Wall Act grants you the right to build up to the boundary line (and astride it, if your neighbor agrees), this doesn’t mean you can build your foundation on their land. The Act allows you to construct your foundations on the neighbor’s property only if absolutely necessary. In most cases, eccentric foundations can be designed to avoid encroaching on your neighbor’s land.
You also don’t have the right to allow your gutters, soffits, or fascias to overhang the boundary line. Doing so could lead to a trespass claim under common law. If you do overhang, and your neighbor later wants to extend their property, the Party Wall Act allows them to remove any obstructions, potentially causing complications for your extension.
In conclusion, while the Party Wall Act may initially seem like an obstacle, it’s an important tool for ensuring that construction projects proceed smoothly and fairly, protecting both the building owner and their neighbors. Whether you’re planning a small extension or a major development, it’s always best to seek advice from an experienced Party Wall surveyor early on to avoid unnecessary delays or disputes.