Blogs
Weathering a Type B Party Wall: Access Rights Under the Party Wall etc. Act 1996
Wednesday 12th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
If the Adjoining Owner (AO) needs to perform work that involves weathering over the top of a Type B party wall to protect it from elements like rain or environmental damage, this scenario would likely fall under the provisions of the Party Wall etc. Act 1996. Section 2 of the Act includes rights to execute various works necessary for the preservation of the wall, including "weathering" or other protection measures.
Under the Act, the following steps are typically involved:
Serve Notice: The AO must serve a Party Wall Notice on the Building Owner (BO), informing them of the intended works. This notice should detail the nature of the works, the manner in which the works are to be carried out, and the timing.
Consent Requirement: The Building Owner has a period (usually 14 days) to respond to the notice. They can agree to the works, in which case the AO can proceed as planned, or they can dissent, leading to a dispute resolution process.
Appointment of Surveyor(s): If the BO dissents, either owner can appoint a party wall surveyor (or agree to appoint a single 'agreed surveyor') to prepare a Party Wall Award. This award will set out the conditions under which the work may be carried out, including access arrangements, times of work, and measures to prevent damage.
Access Rights: The Act grants access to the adjoining land for the purpose of executing any work in pursuance of the Act and subject to the provisions of the award. This means that if weathering or other protective measures on the party wall necessitate access to the BO’s property, the AO would legally be entitled to this access under the terms set by the surveyor(s) in the Party Wall Award.
Therefore, if the work on the party wall (such as weathering) is essential to maintain the structure and protect it from damage, and this work has been communicated through the proper notices and, if necessary, mediated by a surveyor, the AO would indeed have the right to access the BO’s property to carry out these works under the Party Wall etc. Act 1996.
