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 https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

If neighbours play ball a simple exchange of letters 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).

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Wherever possible I advise homeowners to slightly step back from the party wall line – this is an essential requirement of permitted development; any incursion into the adjoining property would require both planning permission and notice under planning served on the neighbour as a follow-on party wall agreement.

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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, partition, or other structure separating buildings or parts of buildings approached by separate staircases or entrances such as flats. See diagram 5.
• Building Owner: The person or company proposing to undertake the works is either the freeholder or has a lease with more than one year to run.Adjoining Owner: This is the person or company who is the freeholder or leaseholder of the adjoining property. 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 adjoining.
• Party-Wall-Surveyor: The person that is appointed by the Building Owner and/or Adjoining Owner to resolve the dispute between them. Anyone may be a party-wall-surveyor however, the owners are not allowed to act for themselves if there is a dispute. It is 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 have the 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 known as the ‘Agreed-Surveyor’.
• Line of Junction: This is another name for boundary. It is the meeting point or junction of land or properties in different ownerships.