Can anyone help me get my head around the Party Wall Act?
Discussion
I want to knock down part of an outhouse, part of 3 walls and a roof. We share the outhouse across the boundary and it has an internal party wall.
I'm very friendly with the neighbour, we just want to go about things the correct way. I'm just trying to work out if I even need a party wall agreement.
Is the party wall act saying I don't need an agreement to do these things or I do need one to do these things?
Part (e), (n) seem to relate to what I want to do.
Repair etc. of party wall: rights of owner.
(1)
This section applies where lands of different owners adjoin and at the line of junction the said lands are built on or a boundary wall, being a party fence wall or the external wall of a building, has been erected.
(2)
A building owner shall have the following rights—
(a)
to underpin, thicken or raise a party structure, a party fence wall, or an external wall which belongs to the building owner and is built against a party structure or party fence wall;
(b)
to make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall;
(c)
to demolish a partition which separates buildings belonging to different owners but does not conform with statutory requirements and to build instead a party wall which does so conform;
(d)
in the case of buildings connected by arches or structures over public ways or over passages belonging to other persons, to demolish the whole or part of such buildings, arches or structures which do not conform with statutory requirements and to rebuild them so that they do so conform;
(e)
to demolish a party structure which is of insufficient strength or height for the purposes of any intended building of the building owner and to rebuild it of sufficient strength or height for the said purposes (including rebuilding to a lesser height or thickness where the rebuilt structure is of sufficient strength and height for the purposes of any adjoining owner);
(f)
to cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course);
(g)
to cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose;
(h)
to cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall, to the extent that it is necessary to cut away or demolish the parts to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner;
(j)
to cut into the wall of an adjoining owner’s building in order to insert a flashing or other weather-proofing of a wall erected against that wall;
(k)
to execute any other necessary works incidental to the connection of a party structure with the premises adjoining it;
(l)
to raise a party fence wall, or to raise such a wall for use as a party wall, and to demolish a party fence wall and rebuild it as a party fence wall or as a party wall;
(m)
subject to the provisions of section 11(7), to reduce, or to demolish and rebuild, a party wall or party fence wall to—
(i)
a height of not less than two metres where the wall is not used by an adjoining owner to any greater extent than a boundary wall; or
(ii)
a height currently enclosed upon by the building of an adjoining owner;
(n)
to expose a party wall or party structure hitherto enclosed subject to providing adequate weathering.
I'm very friendly with the neighbour, we just want to go about things the correct way. I'm just trying to work out if I even need a party wall agreement.
Is the party wall act saying I don't need an agreement to do these things or I do need one to do these things?
Part (e), (n) seem to relate to what I want to do.
Repair etc. of party wall: rights of owner.
(1)
This section applies where lands of different owners adjoin and at the line of junction the said lands are built on or a boundary wall, being a party fence wall or the external wall of a building, has been erected.
(2)
A building owner shall have the following rights—
(a)
to underpin, thicken or raise a party structure, a party fence wall, or an external wall which belongs to the building owner and is built against a party structure or party fence wall;
(b)
to make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall;
(c)
to demolish a partition which separates buildings belonging to different owners but does not conform with statutory requirements and to build instead a party wall which does so conform;
(d)
in the case of buildings connected by arches or structures over public ways or over passages belonging to other persons, to demolish the whole or part of such buildings, arches or structures which do not conform with statutory requirements and to rebuild them so that they do so conform;
(e)
to demolish a party structure which is of insufficient strength or height for the purposes of any intended building of the building owner and to rebuild it of sufficient strength or height for the said purposes (including rebuilding to a lesser height or thickness where the rebuilt structure is of sufficient strength and height for the purposes of any adjoining owner);
(f)
to cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course);
(g)
to cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose;
(h)
to cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall, to the extent that it is necessary to cut away or demolish the parts to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner;
(j)
to cut into the wall of an adjoining owner’s building in order to insert a flashing or other weather-proofing of a wall erected against that wall;
(k)
to execute any other necessary works incidental to the connection of a party structure with the premises adjoining it;
(l)
to raise a party fence wall, or to raise such a wall for use as a party wall, and to demolish a party fence wall and rebuild it as a party fence wall or as a party wall;
(m)
subject to the provisions of section 11(7), to reduce, or to demolish and rebuild, a party wall or party fence wall to—
(i)
a height of not less than two metres where the wall is not used by an adjoining owner to any greater extent than a boundary wall; or
(ii)
a height currently enclosed upon by the building of an adjoining owner;
(n)
to expose a party wall or party structure hitherto enclosed subject to providing adequate weathering.
I’ve just done it with next door. Took ten min to go onto the relevant website, cut and paste/delete the correct bits, “serve” on my nice neighbour (drawing to their attention I’d taken the bit out about timescales as the builder was starting that week....) and all is well. with regards to your nosey neighbour, tap all to do with them as it only relates to the two parties that share the wall in question.
MF, all you need to do is "serve" the correct notice and accompanying info. If your neighbour then gives consent you are then free to crack on.
However, you currently get on well , but that can change quickly once the works start. I would strongly recommend taking a full record of the condition of the neighbours property and give one copy to your neighbour.
You don't specify in your op but if you are laying open the currently enclosed upon party wall you may have a duty to suitably protect it. Eg, If its single skin provide some form of weathering.
Hope this helps.
However, you currently get on well , but that can change quickly once the works start. I would strongly recommend taking a full record of the condition of the neighbours property and give one copy to your neighbour.
You don't specify in your op but if you are laying open the currently enclosed upon party wall you may have a duty to suitably protect it. Eg, If its single skin provide some form of weathering.
Hope this helps.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff


