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What rights does a building owner have over a type B party wall owned by the adjoined owner?
Wednesday 19th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
A Type B party wall (also known as a party wall on a line of junction) is one that stands entirely on the adjoining owner’s land but has been used or is capable of being used by the building owner to support their structure (e.g. a wall built on the boundary but within the neighbour’s land). Under the Party Wall etc. Act 1996, a building owner does have certain rights, even if the wall is wholly owned by the adjoining owner.
Rights of the Building Owner under Section 2(2) of the Act:
Cut into the wall to insert a flashing, bonding, or other weatherproofing:
Section 2(2)(b) allows the building owner to cut into the adjoining owner’s wall to insert flashings or other forms of weatherproofing to protect their structure.
Cut into the wall to insert beams or joists:
If the wall is suitable, and subject to serving the appropriate notice, the building owner may cut into the wall to insert structural elements, such as beams or joists.
Raise the wall (if structurally possible) for their own purposes:
The building owner may raise the wall, provided the additional structure is necessary for their planned works. However, they may need to compensate the adjoining owner if the wall is wholly their property.
Expose the wall temporarily for work purposes:
For instance, if access to the wall is needed for repairs or the insertion of flashings, the building owner has the right to do so, subject to proper notice and ensuring the protection of the adjoining owner’s property.
Key Limitations and Requirements:
Notice under Section 3:
The building owner must serve a party structure notice on the adjoining owner at least two months before the intended work if cutting into the wall, or one month for simpler works such as flashing insertion.
Adjoining Owner’s Consent or Dispute:
The adjoining owner may either consent or dissent. If they dissent, a surveyor or surveyors must be appointed to agree on the work specifics in an Award.
No Damage or Proper Repair:
Any damage caused to the adjoining owner’s wall must be made good, and reasonable care must be taken to avoid unnecessary damage or inconvenience.
Compensation for Enclosure:
If the building owner benefits from using or enclosing part of the wall, they may need to compensate the adjoining owner under Section 11 of the Act, based on the wall’s cost and age.
Temporary Access Rights:
Under Section 8, the building owner may access the adjoining owner’s land to carry out necessary works, provided that reasonable notice is given and the adjoining owner’s property is protected.
Practical Considerations:
Structural integrity should be assessed by a competent professional.
The building owner should document the condition of the wall before and after the work.
Appointing an experienced party wall surveyor helps ensure compliance with the Act and smooth communication with the adjoining owner.
