# Is this a party wall?



## BornToRun (27 May 2010)

Hi there,

I am looking for some guidance on what exactly is a "party wall".  My husband and I are looking to put a bid in on a 3 bed end of terrace house with garage conversion (flat roof)  
The neighbour at the start of the next terrace of 4 houses has converted and built over his garage.  If our bid was successful we would hope to do the same but I am concerned about the wall he has already built.  Would we need his express permission to built up to that wall (and is that a party wall or given that he built it is it his wall?) or if we got planning permission from the local council for our extension would that be sufficient.

Essentially I am trying to identify any or all pitfalls that may occur.
Also I am looking for any comments (positive or negative) on the implications of essentially turning two terraces of 4 houses in to a terrace of 8 (if you see what I mean?

Thanks in advance


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## David_Dublin (27 May 2010)

For what it is worth, my uneducated opinion - if ur house is the end of terrace, and is not currently adjoined to the neighbour house that has built the extension, then it could only ever be a party wall if he has built any part of the wall on what is your land. In this case, if you were to extend you'd need to use the wall he built, and so it would be a shared wall, or a party wall. If none of his wall is on your land then you're going to have to build your own wall. Unless he agress to let you use his wall, in which case it will become a party wall.

That said, I dont really know what I'm talking about, but it seems to make sense!!

I dont see an issue turning two terraces into one single one. Extending your own home improves it, and presumably adds value. Neighbour home would perhaps be devalued a little in that is is going from a semi-d to a terrace.


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## mathepac (27 May 2010)

If I understand correctly your neighbour has built into the "gap" between two terraces. Hopefully he owns the land in the "gap" otherwise he has built his extension illegally.

If he or someone else owns the land in the "gap" then obviously you can't build there.


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## picorette (27 May 2010)

It does not appear that this is a party wall, as it seems from your post that your neighbour has built a wall within his own boundary, whilst a party wall would be erected on the line between the two properties.

However, it would be advisable to come to an agreement with your neighbour if you do construct at first floor level, and this is simply achievable. Planning permission would be required for this extension to the side of your house, and as a part of that your Architect would draw a detail to show how your building would meet your neighbour's.

There is recent legislation regarding party structures - The Land and Conveyancing Law Reform Act 2009 - but it would be used as a last resort.


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## BornToRun (27 May 2010)

Thanks for the replies guys,

Let me see if I can explain it a bit better.  Both houses are end of terrace ( I know some people call it semi-d) but technically they are both end of terrace. Both originally had garages which appear to share a wall and nothing above either garage. The neighbour has converted the garage and built a bedroom above his garage and therefore extended the height of the original shared wall. (And incidentally it does appear to go over the boundary by about 6 inches in the direction of the house I am viewing - cheeky bugger!)

I suppose the reason I am asking is that if we had to built another wall beside his wall it would take another foot (at least) off the proposed room! 
The wall he has built on the first floor is definitely on a line between the two properties. (and like I said above a little over the line at the first floor level)


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## David_Dublin (27 May 2010)

It's not the first time this kind of thing has happened. You'll end up having to use his wall as a party wall.


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## picorette (27 May 2010)

You could think of it as an advantage in that he has already built the other side wall for your future first floor extension. All you have to do is fill in the two ends!

The tricky part is negotiating with him & agreeing construction details, but it should be achievable if you use an Architect with such experience.


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## onq (27 May 2010)

Take nothing for granted.

If this is your intention you need to discuss it with the adjoining propertyholder before you buy or be prepared to engage in legal disputes under the Land Conveyancing Law Reform Act 2009.

[broken link removed]

This is a draconian piece of legislation, trundling over the rights of property holders in favour of persons who wish to develop or do things to things on or near the boundary.
Oddly enough it may work in your favour, but there are checks and balances in it for people with money and access to legal representation.
It'll no doubt end up as a nice little earner for some brief still reeling from the loss of his conveyancing income.
But it presents quite a frightening prospect if you are living alone in retirement

Chapter 3 Party Structures refers, Sections 43 to 47 inclusive numbered pages 38 to 41.

Its poor recompense to someone who has grown champion roses or vegetables to see them destroyed by a builder who leaves after six months of noise, nuisance abd disruption having "reinstated the ground" with a paltry handfull of grass seed and some compost - leaving further recompense at the end of a costly court action.

The worst part is where the "building owner" [the developer] can claim money from the [adjoining owner] as follows:

==========================

_*S. 44* (3) The building owner may—
__ (a) claim from the adjoining owner as a contribution to, or
deduct from any reimbursement of, the cost and expenses
of making good such damage under subsection (2)(a), or

(b) deduct from compensation under subsection (2)(b)(ii),
_​_ such sum as will take into account the proportionate use or enjoyment
of the party structure which the adjoining owner makes or, it
is reasonable to assume, is likely to make.

_==========================

Think about it.

A self-builder with a digger can go to court, get an order, make a mess of your prized begonians for six months, build an ugly rationalist boardmarked concrete wall with no capping that will stain badly in a year, but which is part of a development that wins an Award from the RIAI or AAI - and charge you for the privilege!

I ask you!

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                             as a defence or support - in and of itself -        should       legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                             Real Life with rights to inspect and issue      reports    on     the         matters    at      hand.


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