What is a Party Wall?
A party wall refers to a shared wall between two or more properties, typically aligned with the boundary line, though it can also include a wall located entirely on one property if it supports an adjacent structure. Additionally, a freestanding garden wall may qualify as a party wall if it spans across the boundary. Fences, however, do not fall under this category.
What Are My Obligations?
Legally, you must provide notice and full details of any planned works that might affect the structural integrity of the party wall or involve excavations close to it. If you begin work without notifying the neighboring property owners, they may pursue legal action. You are also required to avoid causing unnecessary disruptions and compensate for any damages to neighboring properties.
When Should I Serve Notice?
You must issue the notice at least two months before starting work on the party wall, or one month in advance if your work involves excavation near an adjoining property. Once issued, the notice remains valid for a year.
What Defines Work Near an Adjoining Property?
This includes excavation or foundation work within 3 meters of a neighboring building, where the depth exceeds the neighbor’s existing foundation. It also covers work within 6 meters of the neighboring property if it cuts a 45-degree line downward from the bottom of their foundation.
What if We Can’t Agree with the Neighbor?
It’s best to resolve disagreements through friendly conversation and document any agreement in writing. If this isn’t possible, you can both appoint a mutually agreed-upon surveyor to draft an award. If you can’t agree on a surveyor, each party must select their own, and the two appointed surveyors will then choose a third to resolve any conflicts.
Who Should Be Appointed?
If you and your neighbor can’t reach an agreement after discussing the matter, a surveyor will need to be appointed. It’s crucial that the surveyor is qualified and experienced in party wall matters.
Who Bears the Costs?
The property owner undertaking the work is responsible for covering all reasonable expenses associated with the process.