The Party Wall Act 1996 governs the rights and responsibilities of property owners regarding party walls. This Act is there to protect each property owner and ensure that any construction or renovation work involving party walls is conducted with mutual consent and minimal disruption. It also provides a framework for resolving disputes if they ever arise between the owners over party wall issues.
A party wall is a wall that is situated astride the boundary line between two properties and is shared by the owners of said properties. A party wall plays a crucial role in defining boundaries and can be a structural support to adjacent properties. Competent management and maintenance of party walls are essential to prevent disputes and ensure the structural integrity of both properties.
There are two types of Party Walls and within this post we discuss the differences between Type A and Type B. We also discuss key legal considerations that fall under The Party Wall Act 1996 to ensure that you are fully informed of your rights and responsibilities in relation to your party wall; prior to perhaps undertaking some renovation or construction work to your property.
Type A Party Wall
This type of wall sits across the boundary dividing the two properties and is co-owned by the 2 adjoining property owners and typically serves as a structural support for both properties. An example of a Type A Party Wall is the wall that sits between terraced or semi-detached houses, adjoining them together. This type of wall plays a critical role in maintaining the integrity of both buildings, providing essential structural support as mentioned and often acting as a support for utilities like electrical wiring and plumbing that serve both properties.
There is also a ‘party fence wall’. These are unlike traditional garden fences as they are substantial structures that straddle and sit on both sides of the boundary line and are shared by the property owners. These are typically found in gardens and outside areas and constructed of brick or masonry; making it more of a permanent structure compared to a wooden or metal fence; giving a clear boundary line as well as structural integrity and elements of privacy.
Utilising the Party Wall Act 1996 with Type A Party Walls
Property owners must follow specific procedures if they plan to undertake construction or renovation work that affects a Type A party wall; including serving notice to the adjoining owner and obtaining their response to the notices served before starting any work. If no response is received within the 14-day statutory notice period, then the Act this as a dispute. Nevertheless, the Act is there to prevent and resolve disputes and ensure that any modifications are carried out in the interests of both parties. Failure to adhere to these procedures can result in legal complications, unnecessary incurring costs and delays in the project.
Type B Party Wall
Typically a Type B wall is a wall that forms part of one property but also offers support for the adjoining. An example of this is if a property owner builds an extension that directly adjoins the existing external wall of the neighbour’s house. This newly constructed wall remains within the boundaries of the homeowner who built the extension, and they retain ownership but effectively the wall serves as a common structure, supporting or enclosing space for both properties.
Type B walls do not straddle the boundary line like Type A walls do; but instead, they are entirely within one boundary; but they are used as structural support or functional purpose for the adjoining property. Despite being within one property, any modifications to a Type B wall can still impact the neighbouring property, necessitating compliance with party wall regulations.
Utilising the Party Wall Act 1996 in Relation to Type B Party Walls
The adjoining owner may have rights to use or modify the wall if required and needed and therefore the need for a Party Wall Surveyor and The Party Wall Act 1996 is essential here as they outline the rights and responsibilities of the property owners and ensure that both parties involved are aware of their rights and obligations.
Like Type A walls, if you are planning construction or renovation work that affects a Type B party wall, the property owner must serve notice to the neighbour and obtain their consent to ensure transparency and to help prevent potential disputes and ensure both parties’ interests are considered and facilitated. If the Adjoining Owner’s dissent then this will be a Party Wall
Agreement (Award) may also be required, hence the importance of appointing a qualified Party
Wall Surveyor.
Key Legal Considerations under the Party Wall Act 1996
The Party Wall Act 1996 is crucial to be aware of and understand as it outlines key legal considerations for property owners in the UK when undergoing construction or renovation work that may affect party and boundary walls.
Key elements include serving notice to adjoining owners before starting work as this ensures communication of your proposal early in the process and helps towards a smooth running project and the maintenance of a good relationship with your neighbour.
In summary, the Act ensures that both parties’ rights are protected, disputes are minimised, and structural integrity is maintained as well as a clear and transparent understanding of the work that is to be undertaken; from day one.
How Can The Party Wall Guru Help?
At The Party Wall Guru, we specialise in the intricacies of party walls and the Party Wall Act 1996. Our team of qualified Chartered Party Wall Surveyors in Hackney is dedicated to providing expert guidance, professional advice, and a friendly service. We offer comprehensive assistance on all party wall matters, including Party Wall Notices, Schedule of Condition reports, and Party Wall Awards. Contact us today on 0208 058 9883 or email us at surveyors@thepartywallguru.com for expert support.
