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Raising a Party Wall for a Rear Dormer Under the Party Wall etc. Act 1996
Thursday 28th November 2024
Under the Party Wall etc. Act 1996, if a building owner wishes to build a dormer at the rear of their property and plans to raise part of the party wall, the rights and obligations of both parties must be carefully considered to ensure compliance with the Act. Here’s a breakdown of the situation and the recommended way forward:
Key Points:
1. Raising the Party Wall on One Side (or on the Face of the Party Wall):
• The Party Wall Act allows a building owner to raise or extend the party wall or build against it, provided they serve a Party Wall Notice on the adjoining owner.
• If the building owner raises the wall only on their side or on the face of the party wall (rather than raising the full width of the wall), it may limit the adjoining owner’s future ability to raise the wall to its full thickness, which could lead to disputes.
2. Adjoining Owner’s Concerns:
• The adjoining owner may have a legitimate objection to partial raising if it could frustrate their future plans to raise the party wall in a symmetrical or full-width manner.
3. Party Wall Surveyor’s Role:
• The appointed Party Wall Surveyor(s) must ensure that the works comply with the Act and balance the rights of both parties.
• Their role includes preparing an Award that outlines how the works are to proceed, ensuring minimal disruption and maintaining future options for both parties.
Recommended Way Forward:
1. Full Thickness Approach:
• Raising the full thickness of the party wall is generally the most equitable solution under the Act. This approach ensures that both parties retain symmetrical rights to the wall and prevents future disputes.
• If the building owner is hesitant due to cost or design considerations, the surveyor should emphasize the long-term benefits of this approach for both parties.
2. Consent for Partial Work:
• If the building owner insists on raising only their side or the face of the wall, this should be clearly documented in the Party Wall Award, with acknowledgment that:
• The adjoining owner retains the right to raise the remaining thickness in the future.
• Any additional structural or aesthetic concerns (e.g., weatherproofing) are addressed as part of the current works.
3. Include Provisions for Future Works:
• The Party Wall Award should include provisions allowing the adjoining owner to extend or raise the remaining portion of the party wall in the future without undue restrictions or additional costs caused by the current works.
4. Mediation Between Parties:
• If disagreements persist, the surveyor(s) may need to mediate between the parties to reach an agreement that minimizes potential conflicts.
5. Special Design Considerations:
• If raising only one side or face is unavoidable (e.g., due to specific structural needs), careful design and construction should ensure:
• Stability and integrity of the party wall.
• Compatibility with future extensions by the adjoining owner.
Conclusion:
The preferred solution under the Party Wall Act is to raise the full thickness of the party wall, ensuring equitable use and compliance. If the building owner insists on a partial approach, the Party Wall Award must clearly document future rights for the adjoining owner and mitigate potential conflicts. Open communication and clear provisions in the Award are key to ensuring compliance and fairness for both parties.
