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Difference between party wall / party fence wall PWA1996

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Re: Difference between party wall / party fence wall PWA1996

Postby formerly_IKB » Sun Feb 04, 2018 8:52 pm

Thank you for your reply, Michael.

The wall is astride the boundary. This is accepted and not argued.

Further research today indicates that a boundary wall is one built entirely on one owner's land, not astride. Therefore, I don't think Section 1 PWA can apply.

Still, it has been hugely helpful because by asking the question here I have found the direction in which the answer may lie.
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Re: Difference between party wall / party fence wall PWA1996

Postby Michael » Sun Feb 04, 2018 10:09 pm

formerly_IKB wrote:Thank you for your reply, Michael.

The wall is astride the boundary. This is accepted and not argued.

Further research today indicates that a boundary wall is one built entirely on one owner's land, not astride. Therefore, I don't think Section 1 PWA can apply.

Still, it has been hugely helpful because by asking the question here I have found the direction in which the answer may lie.

.

Why is your friend hoping section 1 doesn't apply because section 2 is the important section here and that allows him to do everything he wants to do if need be.

Also he has no need to build a new wall astride the boundary if there is already a party fence wall or party wall there because the law allows him on notice to your friend cut into the current party wall and utilize it as the side boundary wall for his extension. If it turns out the current party wall is in need of repair or does not conform to the legal requirements needed for the structure he wants to build on his side he can demolish and rebuild it , underpin it , thicken it or raise its height
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Re: Difference between party wall / party fence wall PWA1996

Postby diy » Mon Feb 05, 2018 7:53 am

There is also a scenario where A ignores all obligations under the party wall act and does what he likes giving B, little civil recourse unless A actually causes damage to Bs property. The party wall act seems to be a mechanism for Surveyors who monitor planning applications to fleece homeowners while not actually doing much.
My suggestions are not legal advice
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Re: Difference between party wall / party fence wall PWA1996

Postby gid » Mon Feb 05, 2018 10:19 am

If the wall on the boundary has a glazed section then it does not meet the fire requirements of the Party Wall acts, was not built as a party wall and cannot be considered as a party wall. It is a glorified boundary fence with (enclosed on one side) lean-to canopies attached.
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Re: Difference between party wall / party fence wall PWA1996

Postby dls » Mon Feb 05, 2018 10:50 am

Do not forget the overriding principle that falling out with a neighbour is very close to being the last thing anyone should do.
If you have a disagreeent with the neighbour, however disagreeable they have been, far far better to spend a tenner on a nice bottle of wine for them, than 10k (and often very much more) in a dispute which leaves each of you even further apart.
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Re: Difference between party wall / party fence wall PWA1996

Postby diy » Mon Feb 05, 2018 2:49 pm

Noting that there are people who do whatever they like for their own convenience without considering the neighbour or any possible trespass and there are people who think its their given right to enjoy a view over their neighbour's land, because they've always had one, or that planning consent notices are there for them to give permission or otherwise to the proposed development.

Sometimes they need the planners/enforcers to tell one or both to stop wasting people's time.
My suggestions are not legal advice
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Re: Difference between party wall / party fence wall PWA1996

Postby atticus » Mon Feb 05, 2018 3:30 pm

Sometimes it is necessary to stand up to a bully.
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Re: Difference between party wall / party fence wall PWA1996

Postby theycantdothat » Mon Feb 05, 2018 5:23 pm

gid wrote:It is a glorified boundary fence with (enclosed on one side) lean-to canopies attached.


That is the conclusion I have reached having seen photos of the wall from both ends.

The Party Wall etc Act 1996 is very much a surveyor's act and most surveyors have a much better understanding of it than most lawyers. The following extract is much more likely to be understood on a single reading by a surveyor than a lawyer:

This section also applies where—
(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of six metres measured horizontally from any part of a building or structure of an adjoining owner; and
(b) any part of the proposed excavation, building or structure will within those six metres meet a plane drawn downwards in the direction of the excavation, building or structure of the building owner at an angle of forty-five degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner.


If planning permission is obtained for the extension I think IKB needs to consult a party wall surveyor or find a forum frequented by surveyors. Rights of light may be another string to IKB's bow. That is another area where the first professional to consult is a surveyor.
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Re: Difference between party wall / party fence wall PWA1996

Postby diy » Mon Feb 05, 2018 9:50 pm

try diynot.com lots of party wall act discussions on there and plenty of surveyors and experienced builders who can advise the pitifuls of a design
My suggestions are not legal advice
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Re: Difference between party wall / party fence wall PWA1996

Postby formerly_IKB » Mon Feb 05, 2018 10:18 pm

Michael wrote:Why is your friend hoping section 1 doesn't apply because section 2 is the important section here and that allows him to do everything he wants to do if need be.

My friend doesn't want to do anything, he wants to stop anything happening.
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