In this weeks Property Surveying Blog Post, we are going to be discussing party wall procedures, and in particular if a neighbour, also commonly referred to as a building owner, or adjoining owner under the Party Wall etc. Act 1996, has the legal right to use the neighbouring owners wall.
This particular instance will occur, whereby a building owner, whom is the person planning on undertaking works to their property, is planning on undertaking construction works, and intends to use a structure or wall that has been built by his or her neighbour, the adjoining owner.
To answer this question, first and foremost the ownership status of the wall must be clarified, this means that the wall needs to be confirmed as either a party wall, party fence wall, or failing that, a wall standing wholly on the adjoining owners land.
If it is indeed a wall wholly on an adjoining owners land, and not equally shared between the respective owners from an ownership perspective, then the building owner, has no legal right to use that wall as part of their proposals.
However, if the wall is indeed a party fence wall, or party wall, meaning that from an ownership perspective it is indeed shared, then the building owner has a legal right to use that wall as part of their extension.
Commonly this will be in the form of an enclosure, or making use, which effectively means that the building owner will use part of the wall to form part of their proposed extension.
Party wall enclosure costs, or making use costs are a hotly debated topic within the Party Wall etc. Act 1996.
If you are planning on undertaking these types of works to your property, or your neighbour is planning on undertaking these type of works to their property, give our team of experienced and qualified surveyors a call today and we will be happy to assist you.
