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Can You Raise Half a Party Wall? Key Considerations Under the Party Wall Act 1996
Wednesday 8th January 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
Under the Party Wall etc. Act 1996, a Building Owner Cannot Unilaterally Raise Half the Thickness of a Party Wall Entirely on Their Side Without Proper Procedure and Agreement. Here’s Why:
1. Definition of a Party Wall:
A party wall is typically a wall that straddles the boundary line between two properties and is jointly owned by both adjoining owners. Raising half the wall on only one side could interfere with the adjoining owner’s rights over the wall.
2. Rights to Increase the Height of a Party Wall:
Under Section 2(2)(a) of the Act, a building owner has the right to raise or thicken the party wall for their purposes, but:
• They must serve a Party Wall Notice on the adjoining owner at least two months before commencing work.
• The adjoining owner can either consent or dissent. If they dissent, a Party Wall Award must be agreed upon by surveyors appointed by both parties.
3. Location of the Work:
If the proposed raising involves increasing the thickness entirely on the building owner’s side, this could be viewed as encroaching beyond the line of junction, which might require a Line of Junction Notice under Section 1 of the Act. The adjoining owner’s consent is needed in such cases.
4. Practical and Structural Considerations:
Even if technically possible, raising only one side of the wall could create structural issues, uneven loading, or instability. Surveyors may advise against such work unless the entire width of the wall is raised uniformly.
Summary:
While the building owner has a statutory right to raise the party wall, they cannot restrict the works to half the thickness on their side alone without the adjoining owner’s agreement and proper notice under the Act. If they intend to proceed, they should seek professional advice, serve the correct notices, and ensure surveyors resolve any disputes.
