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Understanding Type B Party Walls under the Party Wall etc. Act 1996
Monday 11th November 2024
A Type B party wall, as defined by the Party Wall etc. Act 1996, is a wall that stands entirely on one owner’s land but serves as the separation between two buildings. The rights of a building owner (the person whose land the wall does not sit on) to use or modify a Type B wall are significantly more limited than those related to a Type A party wall, which straddles the boundary between two properties.
Key Points About Type B Party Walls:
Raising the Wall: The building owner cannot raise or extend a Type B wall without the adjoining owner’s consent. Because the wall is situated wholly within the adjoining owner’s property, any changes to its height or significant structural modifications require express permission from that owner. The Act does not provide automatic rights for such alterations.
Limited Rights: The building owner's rights under the Act are restricted. They may carry out minor works necessary for weatherproofing where the wall meets their property or to preserve the wall’s structural integrity. However, these rights do not extend to major alterations, as the wall is not considered shared property in the same way a Type A wall is.
Consent and Agreements: If the building owner needs to undertake any work involving the Type B wall, they must seek consent from the adjoining owner. If an agreement cannot be reached, surveyors may be appointed to resolve the matter. Without mutual consent or a formal agreement, the building owner cannot proceed with any significant modifications, such as raising or altering the wall.
Conclusion
In summary, the building owner does not have an automatic right to alter or raise a Type B party wall. The wall remains within the adjoining owner’s exclusive boundary, and any proposed works must be agreed upon by both parties, ensuring that the adjoining owner’s property rights are respected.
