Collier Stevens Chartered Surveyors, Party Wall Surveyors

Some common questions about the Act

30) Does the Act change who owns the party wall?

No. The Act does not change the ownership of any wall, nor does it change the position of any boundary. Boundaries can still run through the centre of a wall; and each owner may technically own half of a wall. What the Act does do is set out clearly what rights an owner has in relation to works to a party wall and what he is obliged to do before he can exercise those rights.

31) Can the Act be used to resolve a boundary dispute?

No. The Act does not contain any provision that could be used to settle a boundary line dispute.

Such disputes can be resolved through the courts or through alternative dispute resolution procedures (which may be simpler, quicker and cheaper), for example mediation, decision by an independent expert or arbitration.

32) Does the Act supercede Common law rights?

Yes, but only in relation to works covered by the Act.

33) Does the building owner have to wait for the full one or two months after serving a notice before starting work?

No, so long as the adjoining owner agrees, in writing, to the work starting earlier than as stated in the notice.

34) What happens if an owner wants to build up to an existing boundary wall which does not currently form part of a building and which is wholly on their own land?

Under the Act the existing wall is not a party fence wall because it does not stand astride the boundary line between different properties. Nor is it a party wall because it does not separate buildings of different owners. If a building owner wants to build a new wall to replace the existing one, this work would be covered by the Act; and he would have to serve a notice. If a building owner wants to extend a building up to the existing wall, then this will not come under the Act (unless any proposed excavations will go deeper than neighbouring foundations). In either event, the building owner will not have created a new party wall.