Blogs
Access Rights for Works Adjacent to a Type B Party Wall: Understanding Your Legal Position
Wednesday 12th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
Type B party walls are walls that are situated wholly on one owner's land but are used by two (or more) owners to separate their buildings. Under Section 2(2)(a) of the Party Wall etc. Act 1996, if the Building Owner intends to raise a wall adjacent to a Type B party wall, they would generally need to undertake this within the confines of their own property unless the works directly affect the party wall itself.
For works that involve directly raising the height or otherwise altering the existing party wall, the Building Owner would still be entitled to access the Adjoining Owner's land if necessary to execute these works, as long as the proper notifications under the Act are served and consent is either provided or adjudicated by a party wall surveyor if a dispute arises. If the new works are adjacent but do not physically alter the existing party wall, the Building Owner would not have rights under the Party Wall Act to access the Adjoining Owner's land without separate agreement.
The key here is whether the work is on the party wall itself or merely adjacent to it. Rights to access for works adjacent to but not on the party wall would not be covered by the Party Wall Act and might require negotiation or other legal permissions.
