Party Wall Agreements
09 July 2022Party Wall or Not?
When a building owner is proposing to carry out a rear extension, it is only natural that they would want to maximise the amount of floor space available within their land. Subject to planning and cost of course.
If a ‘structure’ (wall) does not currently exist on the boundary location, a Building Owner is entitled to build up to the Line of Junction (boundary line). This includes projecting footings to build a wall wholly on their land. After serving one months’ Notice under Section 1(5) of the Party Wall etc. Act 1996 (the Act). There is no requirement to obtain consent from an Adjoining Owner when building wholly on the Building Owner’s land.
Alternatively, in order to create additional floor space with their full-width extension, the Building Owner can serve Notice under Section 1(2) of the Act. To build a wall astride the boundary, positioned equally on both lands; a party wall.
However, as building a party wall requires encroachment upon the Adjoining Owner’s land, there is a requirement to obtain express consent from the relevant Adjoining Owner. If express consent is not obtained to build a party wall from an Adjoining Owner, the Building Owner will have to revert to building an independent wall. Positioned wholly on the Building Owner’s land, as per Section 1(5) above.
Building on a Boundary, What You Need to Know
When planning a rear extension, a building owner naturally wants to maximise floor space. Within planning and cost constraints, of course.
Building Up to the Boundary
If no wall exists on the boundary, a building owner can build up to the Line of Junction (boundary line). This includes footings that project onto their land. To do this, they must serve one month’s Notice under Section 1(5) of the Party Wall etc. Act 1996. No consent is needed from an adjoining owner when building entirely on the building owner’s land.
Building a Party Wall
To gain more floor space/a full-width extension, a building owner can serve Notice under Section 1(2) of the Act. This allows them to build a wall astride the boundary, making it a party wall.
However, because this encroaches on the adjoining owner’s land, they must give express consent. If they refuse, the building owner must build an independent wall fully on their own land, as outlined in Section 1(5).
Why an Adjoining Owner Might Agree
An Adjoining Owner who agrees to a party wall can later enclose upon it for their own extension.
This is allowed, provided they serve the relevant Notice at that time and can be a benefit for them.
However, where an Adjoining Owner encloses upon an existing party wall, the Building Owner will then be entitled to receive payment from the Adjoining Owner. Half the estimated cost of the wall’s construction, calculated on present-day value. The Adjoining Owner’s programme and general inconvenience however is reduced by having the party wall element of their extension already complete.
Need Party Wall Advice?
Don’t let Party Walls get you in a tangle. Speak to TCL today.
Get in Touch
To speak with a member of the TCL team about our services,
simply give us a call on 020 3176 0029, or email us at info@tcl-surveyors.co.uk
