Party Wall Act

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thin and crispy
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Party Wall Act

Post by thin and crispy » Sun Aug 04, 2019 7:51 pm

Hopefully a simple question: does anyone know whether the Party Wall Act 1996 is the latest legislation on the matter, or has it been superseded / updated more recently?

(FYI: My issue relates to a wall that was external to my house - on my side of the boundary - but which neighbour has subsequently, and with permission, attached his extension. His extension occupies only part of my wall's length and height. I'm interested in rights and responsibilities of both parties, as he now wants to extend his extension further along my wall and to raise his roof by several inches.)

Thanks,
t&c
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

ukmicky
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Re: Party Wall Act

Post by ukmicky » Sun Aug 04, 2019 8:20 pm

Yes its the latest legislation .


As it was with permission the part of the wall it is attached to is now a party wall type B.


Any rights he now has only relates to the exact area of wall he currently occupies . He cant go any higher or wider without your permision.
Any information provided is not legal advice and you are advised to gain a professional opinion

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thin and crispy
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Re: Party Wall Act

Post by thin and crispy » Sun Aug 04, 2019 10:22 pm

Thanks very much for the info ukmicky.

Since posting my question, I have found an old query which you and Conveyancer kindly addressed for me some years ago, and that has refreshed my memory somewhat. (See viewtopic.php?f=10&t=11859.) If I understood rightly, Conveyancer was saying that the PW Act's definitions (in this case of it being a Party Wall type B) were relevant only to interpreting the provisions of the Act itself, but not relevant more generally (i.e. according to the Law of Property Act, 1925, section 38).

As the wall was originally an external wall of my house and is entirely on my side of the boundary, Conveyancer's account would suggest that the wall had not become a Party Wall when my neighbour's extension was attached to it. (Imagine me as Mr A and my neighbour as Mr B in that thread.)

(Incidentally, the wall's alignment with my front garden wall, my rear fence, my two chimneys and the fact that there was a window in that wall until the aforesaid attachment all seem to support my interpretation of the boundary line's position.)

Would you still concur with Conveyancer about my neighbour having no more rights over the wall than a basic right of support?
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

ukmicky
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Re: Party Wall Act

Post by ukmicky » Mon Aug 05, 2019 1:34 am

A wall that is enclosed upon by a structure which is on other land is a party wall type B.

As it is definitely a party wall the general opinion these days is the neighbour does not need any ownership rights over the wall in order to use the procedures under the act and whilst it’s not a binding decision generally knight vs Purcell is the authority used for that position.

So what rights will he have you ask and the answer is not much in reality because any rights he has will only relate to those parts he is currently using and a general right of support pretty much will provide the same rights . So yes if the part he was using was in disrepair he could serve a notice under the act allowing him to repair or in worst case scenario rebuild it but he could only touch the exact part he was using, nothing above or to the sides .

A party wall type A would allow him to raise his roof line and attach it to the wall higher up but he has no rights to do that with a type B .He also can’t increase the width of his extension and enclose upon new sections of wall without you permission so you can say no to everything he wants to do.
Any information provided is not legal advice and you are advised to gain a professional opinion

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Re: Party Wall Act

Post by Collaborate » Mon Aug 05, 2019 8:39 am

The wall is yours and they had no right to join their property to it (assuming they didn't build a new wall right next to yours). It was trespass, although you won't be able to force the removal after the thing has been built (the time for action was as it was being built - though you may have a claim for damages).

If they want to attach to the remaining wall they must serve notice under the Act. If they don't, you can seek an injunction.

mugwump
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Re: Party Wall Act

Post by mugwump » Mon Aug 05, 2019 12:24 pm

Collaborate.
They were given permission to attach to it, so your first paragraph is superfluous

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Re: Party Wall Act

Post by Collaborate » Mon Aug 05, 2019 12:57 pm

mugwump wrote:
Mon Aug 05, 2019 12:24 pm
Collaborate.
They were given permission to attach to it, so your first paragraph is superfluous
Sorry. Missed that bit.

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thin and crispy
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Re: Party Wall Act

Post by thin and crispy » Fri Aug 16, 2019 10:12 am

Thanks everyone for replying and sorry I have not replied sooner - I've been in hospital for a few days. Fell off a ladder while trying to inspect damage domne to my roof by neighbour. Fortunately the ground broke my fall. Unfortunately it also broke my ankle, sprained my wrist and gave me concussion..

What you say is reassuring ukmicky, thanks. I'll look into it (and a few more things, when I'm feeling a bit better. Thanks again.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

Uriah Heap
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Re: Party Wall Act

Post by Uriah Heap » Mon Aug 19, 2019 11:04 pm

Sorry to hear about your accident. Glad to see it hasnt broke your sense of humour as well. Hope you werent pushed! by your neighbour! Some people are scum they dont respect anybodys property, he needs to be locked up. Hope you will be on the mend soon.

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