Party Wall Disputes

What is a Party Wall?

This is always a question of fact, but if you are trying to work out whether the Act applies, you need to consider whether the wall you might wish to demolish or work on is a party wall, a party fence wall or a party structure.  To do this, you have to identify where the wall is in relation to the land’s boundary and establish what structures, if any, are attached to it and form part of it. 

You first need to identify who owns the wall.  In many instances it is unclear who owns the wall because of boundary issues. The Act does not determine ownership issues, simply allows the party who wants to carry out works to a party wall to do so provided they follow the procedures in the Act. 

It is important to note that the name of the wall or how it is described in title deeds or other documents has no legal bearing on whether the wall is a party wall or not. 

The most recognisable party wall is a wall that forms part of one building and stands on a boundary between the building owner’s land and the neighbour’s land. The wall might be part of one building or two (or more) separate buildings. It is common to see party walls in a terraced or semi-detached house. You do not consider the location of the wall’s foundations when looking at whether or not it stands on the boundary.

A wall could also be a party wall if it stands entirely on the land of one person and an adjoining owner has a building enclosed by that wall. There is no party wall if no building is up against this type of wall. 

What is a party fence wall?

A party fence wall is a wall which stands on the boundary but has no buildings attached to it. The classic example of a party fence wall is a garden wall. Wooden fences are not party fence walls under the 1996 Act. A wall built entirely on the building owner’s land is not a party fence wall, even if the footings or foundations extend into the adjoining owner’s land.

What are party structures?

The Act uses the term party structures to apply to all party walls. Also, it applies to horizontal party structures such as floors or ceilings between, for example, two adjoining flats or maisonettes.  It is imperative, if you are thinking of doing works to your property and you are concerned that your works might impact on party walls, that you take early advice from a party wall surveyor who will be able to guide and tell you if the 1996 Act is going to be triggered.

Party Wall Injunctions

Neighbours commonly start work on their property after thinking about the Party Wall Act and before serving a party wall notice on their neighbour. If this happens, a neighbour might be able to stop the work by seeking an injunction from the Court.

An injunction may prevent work from being undertaken until either the adjoining owner provides consent or the building owner proves that such consent is not required.

Applying for an injunction?

If an adjoining owner suspects that works are being carried out and risk causing damage to their property, then they should take legal advice as soon as possible. The Court will be more likely to grant an injunction when the application is made as soon as possible. If an adjoining owner waits several weeks to apply, the Court may conclude that they are too late or the works themselves may already have been completed.

Party Wall Awards

You must appoint a surveyor if you and your neighbour can’t agree on the work. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’. This is a legal document which says:

• what work can happen
• how and when it will be carried out
• who will pay for which part and how much will be paid (including surveyor’s fees)

If you don’t agree with the award, you can appeal against it at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court, explaining why you’re appealing.