In this weeks property surveying blog post, we are going to be discussing party fence walls and garden walls that separate respective owner’s properties.
One of the most common questions we get asked here at Stokemont is whether a garden wall is a party wall.
First and foremost, a party wall is a wall that separates two internal parts of a property, so commonly this would be a wall that runs between semi-detached or terraced houses.
Walls that are not enclosed upon, i.e. external walls, are referred to as party fence walls.
So the question should really be, is the garden wall a party fence wall?
In order to answer this, it is not as simple as looking at the locations of the walls, piers or posts, which are the supporting upstands which run usually up to 2-2.5m intervals along the structure of the wall. Instead, you will need to look at the location of the wall, the age of the properties and ultimately whether it appears to have been built by one owner, or been built at the time of construction of the original properties themselves.
In many cases, over the tenure of properties, which is usually anywhere from 100-120 years, depending on the age of the property, a great deal of standing and original feature will change. This is not an uncommon concept to get your head around, as the majority of properties in London are 1900s or 1930s, as these were the large house building years, therefore, if you consider now in 2021, we are looking at almost 100 years have passed from that time, for that reason, it is very common for a property to have changed multiple, if not multiple upon multiple, times during that period, with each new owner likely undertaking some form of modernisation or DIY work.
This modernisation and DIY work can greatly change the ownership and arrangement of such items as garden walls, as in many cases, rather than going through the party wall procedures, an owner may just decide to build a new wall within their own boundary, or they may ask their neighbour to contribute to a wall, to get a negative response, then proceed to construct it anyway at their own cost.
Garden walls and party fence walls generally need to be determined by a boundary surveyor. However, the majority of experienced and qualified party wall surveyors should have no issue in advising the appointing owners of the wall’s tenure and status.
Can I Demolish a Shared Garden Wall?
If you want to demolish a shared garden wall, you will need to obtain the consent of your neighbour. You will also need to comply with the Party Wall etc. Act 1996, which sets out the legal requirements for works that affect party walls and other structures.
The Process of Demolishing a Shared Garden Wall
The process of demolishing a shared garden wall will vary depending on the circumstances. However, you will typically need to serve a Party Wall Notice on your neighbour, and you may also need to appoint a party wall surveyor.
Costs of Demolishing a Shared Garden Wall
The costs of demolishing a shared garden wall will vary depending on the size and complexity of the wall. However, you can expect to pay anywhere from £500 to £1,000 for a simple demolition.
Legal Requirements for Moving a Boundary Fence
If you want to move a boundary fence, you will need to obtain the consent of your neighbour. You will also need to comply with the Party Wall etc. Act 1996, which sets out the legal requirements for works that affect party walls and other structures.
The Process of Moving a Boundary Fence
The process of moving a boundary fence will vary depending on the circumstances. However, you will typically need to serve a Party Wall Notice on your neighbour, and you may also need to appoint a party wall surveyor.
Costs of Moving a Boundary Fence
The costs of moving a boundary fence will vary depending on the size and complexity of the fence. However, you can expect to pay anywhere from £500 to £1,000 for a simple move.
If you’d like to discuss your Party Wall surveying matters with us, or have some planned works to the garden wall, or are hoping your neighbour has some planned works to the garden wall, give us a call now and we will be more than happy to assist you.
