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A Comprehensive Guide to Party Wall Definitions
Thursday 21st November 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
When navigating the Party Wall etc. Act 1996, understanding its key definitions is essential. Misunderstandings can lead to disputes or improper application of the Act.
At Tayross Associates, we believe in simplifying complex terminology so that both Building Owners and Adjoining Owners can confidently engage in the process. This guide will break down some of the most important terms and definitions under the Act to ensure clarity and compliance.
What is a Party Wall?
A Party Wall is a key term under the Act, and its definition can be summarised as:
1. Party Wall Type A
A wall that forms part of a building and stands on land belonging to different owners, extending beyond any artificial supports.
2. Party Wall Type B
A wall that separates two buildings owned by different owners, even if it stands entirely on one side of the boundary.
To clarify:
• For Type A, the wall must straddle the boundary line, partially resting on both properties. If the wall stands entirely on one property but has foundations or projections extending into the neighbour’s land, it is not a party wall.
• For Type B, the wall does not need to straddle the boundary. It can be entirely on one owner’s property if it separates buildings owned by different people (e.g., terraced houses).
Common Misconceptions About Party Walls
A frequent misunderstanding involves walls with foundations extending into a neighbour’s property. Many assume that such walls automatically qualify as Party Walls. However, under Section 2(H) of the Act:
• You can cut off items like oversailing foundations or upper-level corbelled brickwork that cross your boundary.
• While the Act gives rights to modify certain structures, it does not override common law property rights, meaning you must act with care.
What is a Party Fence Wall?
A Party Fence Wall is distinct from a Party Wall and is defined as:
• A wall (not part of a building) standing on the land of different owners and intended to separate their properties.
It is important to note:
• If a wall is constructed entirely on one owner’s property with its foundation projecting into the neighbour’s land, it is not considered a Party Fence Wall.
What is a Party Structure?
The definition of a Party Structure extends beyond walls and includes:
• Floors, ceilings, and partitions that separate parts of buildings owned or occupied by different parties.
For instance:
• Floors and ceilings dividing flats, along with walls in communal areas, are Party Structures.
• Any shared structure separating spaces with independent staircases or entrances also falls under this definition.
This makes Party Structures especially relevant in multi-occupancy buildings like flats, where horizontal divisions (floors and ceilings) are just as critical as vertical ones (walls).
Who is an Owner Under the Act?
The Act defines an owner in three main ways:
1. A person entitled to receive rents and profits from the property (e.g., a landlord).
2. A person in possession of the property, such as:
A tenant under a periodic tenancy (e.g., month-to-month or year-to-year tenancy).
3. A person with a contractual interest in the property, including:
Buyers under a contract for purchase or lease.
Understanding this definition ensures that notices under the Act are served on the correct parties, avoiding unnecessary delays or legal complications.
Other Useful Definitions
For additional clarity, Section 20 of the Act provides further definitions. While not all are covered here, they may be relevant for specific scenarios. If in doubt, consulting a Party Wall specialist is always advisable.
Final Thoughts
Understanding these definitions is key to properly navigating Party Wall matters. Whether you're a Building Owner planning construction or an Adjoining Owner protecting your property rights, clarity on these terms ensures smoother communication and compliance with the Party Wall etc. Act 1996.
At Tayross Associates, we pride ourselves on clear, jargon-free guidance. If you have questions or need assistance with your Party Wall responsibilities, feel free to reach out. Contact us today to discuss your situation and ensure your project moves forward without unnecessary complications.
