Party Wall Agreements – should they be avoided (9009)

A good starting point to get into the subject is at
What DIY Data Say

Building Control suggests a “no step over the line” foundation at
LABC Foundation Design

The RICS party wall surveyors guide (making work for the boys as it can) is at
RICS 2019 Publication

Government Guidance is at
If neighbours play ball a simple exchange of letter is all that is needed, 
if they are difficult 2 or 3 party wall surveyors may need to be paid for 
by the developer (you).
Where ever possible I advise homeowners to slightly step back from the 
party wall line – this is an essential requirement of permitted development
 as any incursion into the adjoining property would require both planning 
permission and notice under planning served on the neighbour as well as a 
follow on party wall agreement.
Simple Definitions 
(from 2013 guidance document refers to the above diagrams from the same document.)

Party Wall: This is a wall that is commonly shared between Owners. 
(See diagrams 1, 2 and 4.)

Party Fence Wall. This is a dividing wall between the two properties 
that is not part of a building such as a garden wall, but it does not 
include a timber fence. (See diagram 3)

Party Fence Structure: This is a wider term, which could be a wall or 
partition or other structure separating buildings or parts of buildings 
approached by separate staircases or entrances such as flats. See diagram 5.

Building Owner: This is the person or company that is proposing to undertake 
the works and is either the freeholder or has a lease for longer than one year.

Adjoining Owner: This is the person or company who is the freeholder or 
leaseholder of the adjoining property. Also for the purposes of section 6 
of the Act, a property shall be deemed to be adjoining if it is within the
 relevant distance even if it is not actually adjoining.

Party Wall Surveyor: This is the person that is appointed by the Building Owner
 or Adjoining Owner to resolve the dispute between the parties. 
(The parties being the Building Owner and Adjoining Owner)

Anyone may be a party wall surveyor except either of the owners who are not 
allowed to act for themselves. It is however usual to appoint surveyors who 
are experienced in the workings of the Act, and professional bodies that deal 
with this are given in part 6 of this guide. They will give you names of party 
wall surveyors in your area. Each party may appoint their own chosen surveyor 
or each party may agree to use the same surveyor. In such a case the surveyor 
is simply known as the ‘Agreed Surveyor’.

Line of Junction: This is simply another name for boundary. It is the meeting 
point or junction of land or properties in different ownerships.