What is A Party Wall?

 

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A party wall is a shared wall, typically built on or near the boundary between two properties, that is jointly used and maintained by both property owners. These walls are commonly found in terraced houses, semi-detached houses, apartments, and commercial buildings.

 

Types of Party Walls

  1. A Wall That Stands on the Land of Two Owners

    • This is the most common type of party wall.
    • It sits on the boundary line and is shared by both properties, such as in row houses or townhouses.
    • Each owner has rights to the wall, but modifications require mutual consent.
  2. A Wall That Stands on One Owner’s Land But Separates Two Properties

    • This wall belongs to one owner but is used by both.
    • Typically found in flats or apartments, where one unit’s wall supports another unit.
    • The non-owner has a legal right to its use but does not own it.
  3. A Party Fence Wall

    • Not part of a building but still a shared boundary structure, like a brick or stone fence.
    • Unlike wooden fences, which are usually owned by one party, party fence walls are legally treated similarly to party walls.

Legal Aspects of Party Walls

  • Party Wall Agreements

    • In many countries, including the UK and parts of the US, construction, modifications, or repairs to a party wall require a Party Wall Agreement.
    • This is a formal notice to the neighbour informing them of planned works.
  • Party Wall Act 1996 (UK)

    • This law provides a framework for resolving disputes and governs what modifications can be made.
    • Property owners must serve a Party Wall Notice before undertaking work like cutting into the wall, demolishing and rebuilding, or making it taller.

Common Party Wall Disputes

  • Structural Alterations – One owner wants to install beams, remove a chimney breast, or add insulation.
  • Noise Complaints – Poorly insulated party walls can lead to disputes over noise.
  • Damp or Water Damage – If a wall has leaks or structural problems, both owners may be responsible.

Key Takeaways

  • A party wall is a shared structure that serves two properties.
  • Legal agreements often regulate any changes or repairs.
  • Disputes commonly arise over modifications, noise, or damage.
  • Party walls ensure efficient use of space in urban housing.

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Specialist Structural Engineers and Surveyors SSES (London) Ltd Company registration Number 10913091 VAT registration Number 182 1069 22 © SSES (London) Ltd 2024 Management Team Adam Power BSc (Hons) BEng and Darren Adams BSc (Hons)