Tayross Associates Chartered Building Surveyors | Party Wall Rates London | Party Wall Surveyor West London | Building/Structural RICS Survey London

Considerations for Stepping Away from a Party Wall Under the Party Wall etc. Act 1996

Monday 9th September 2024

Under the Party Wall etc. Act 1996, the Building Owner is not explicitly required to maintain a specific distance from the party wall when constructing a new structure. However, there are practical considerations and responsibilities related to the maintenance of any resulting gap that must be taken into account.

If the Building Owner decides to step their structure away from the party wall rather than building directly on or raising it, the following points should be considered:

1. Adequate Maintenance Gap
• The Building Owner should ensure that the distance between the new structure and the party wall is sufficient to allow for proper maintenance. If the gap is too narrow, it could result in difficulties in accessing the area for future repairs or maintenance, potentially leading to disputes.

2. Good Practice and Neighbour Relations
• While there is no statutory requirement under the Act specifying the distance, it is considered good practice to provide enough space to allow for reasonable access. A gap of less than 300mm (approximately 12 inches) is often regarded as insufficient for maintenance purposes, but this can vary depending on the specific circumstances of the property.

3. Future Development Considerations
• The Building Owner should also consider the implications of the stepped-back design on any future works to the party wall, including the possibility of the Adjoining Owner wishing to raise or alter the party wall. Inadequate spacing could lead to complications or additional costs if further work is needed.

4. Surveyor's Input
• The Party Wall Surveyors involved can provide guidance on what would constitute an adequate gap to prevent future maintenance issues. If the surveyors believe that the proposed gap could create problems, they might include provisions in the Party Wall Award to address this, such as requiring a minimum gap or stipulating future maintenance responsibilities.

5. Avoiding Disputes
• The Building Owner should aim to avoid creating a situation where the gap is so narrow that it results in an unusable or unmaintainable space. This could lead to disputes not only with the Adjoining Owner but also with future owners.

6. Inclusion in the Party Wall Award
• It is advisable to address the issue of the gap in the Party Wall Award itself. The award can include provisions that specify the minimum gap or detail the maintenance responsibilities for the resulting space.

Conclusion
While the Party Wall etc. Act 1996 does not specify a minimum distance for stepping away from the party wall, the Building Owner should ensure that any gap left is sufficient for future maintenance to avoid creating an inaccessible or problematic area. This is both a matter of practical consideration and good practice to prevent future disputes. The surveyors involved in the process should ideally address this in the Party Wall Award to ensure clarity and fairness for both parties.