Party Wall Basics
By Steve Whitehead
Party Wall Basics
What is a party wall?
A Party wall is a dividing partition between two adjoining buildings (or units) that is shared by the owners/leaseholders of each property. Party walls are typically made of non-combustible material. Party walls form parts of buildings and stand on lands of different owners. Some kinds of work carried out to a property may not be controlled by the Building Regulations, but may be work which is covered by the Party Wall etc.
There will be some instances where both the Party Wall etc. Act makes provision in respect of party walls and excavation and construction in proximity to certain buildings or structures. If you are planning work which is likely to constitute a party wall matter you must make the adjoining owner aware of your plans. You must find out whether work you intend to carry out falls within The Party Wall etc.
This includes work which involves:
(1) Work on an existing wall shared with another property/building on the boundary with a neighbouring propertywork involving excavating near a boundary. The Act also covers "party structures" which include walls, floors or other partitions between parts of a building in separate ownership.
(2) Underpinning, thickenening or raising a party structure, a party fence wall, or an external wall which belongs to the building owner and is built against a party structure or party fence wall.
(3) To make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall.
(4) To demolish a partition which separates buildings belonging to different owners but does not conform with statutory requirements and to build instead a party wall which does so conform
(5) In the case of buildings connected by arches or structures over public ways or over passages belonging to other persons, to demolish the whole or part of such buildings, arches or structures which do not conform with statutory requirements and to rebuild them so that they do so conform
(6) To demolish a party structure which is of insufficient strength or height for the purposes of any intended building of the building owner and to rebuild it of sufficient strength or height for the said purposes (including rebuilding to a lesser height or thickness where the rebuilt structure is of sufficient strength and height for the purposes of any adjoining owner)
(7) To cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course)
(8) To cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose
(9) To cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall, to the extent that it is necessary to cut away or demolish the parts to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner
(10) To cut into the wall of an adjoining owner’s building in order to insert a flashing or other weather-proofing of a wall erected against that wall
(11) To execute any other necessary works incidental to the connection of a party structure with the premises adjoining it
(12) To raise a party fence wall, or to raise such a wall for use as a party wall, and to demolish a party fence wall and rebuild it as a party fence wall or as a party wall
(13) Subject to the provisions of section 11(7), to reduce, or to demolish and rebuild, a party wall or party fence wall to:—
(i) a height of not less than two metres where the wall is not used by an adjoining owner to any greater extent than a boundary wall; or
(ii) a height currently enclosed upon by the building of an adjoining owner
(14) To expose a party wall or party structure hitherto enclosed subject to providing adequate weathering.
About the author
Kevin is a part time consultant with Grey and Associates, and deals with Party Wall Surveys. In his spare time he enjoys scuba and freediving. from http://www.FreeArticlesAndContent.com
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