If you are planning on building a new side return or rear extension, it is important to bear in mind the location of the new flank wall or Party Wall in respect of the boundary and your neighbours property.
A side return extension makes use of the sometimes awkward space at the side of the rear projection normally found on Victorian and Edwardian homes. This is also traditionally known as the closet wing. Side return extensions can incorporate this alleyway and extend the closet wing to the full width of the property. This layout is often mirrored in the adjacent garden. Often a wall, fence or combination of the two will delineat the boundary.
As part of the works the current boundary arrangement will need to be adjusted. This is necessary to make room and/or allow for the new wall enclosing upon the extension to be built.
Should you build a new Party Wall or not?
We are often asked to advise on the location of the new wall. Typically some degree of negotiation is required to find a scenario acceptable to both the Building Owner doing the work and the neighbour (Adjoining Owner).
If the gardens are currently separated by a timber or chain link fence the Building Owner will be required to serve a Notice to the neighbour before starting work. The Notice will either be to build a new flank wall up to the line of junction but wholly on the Building Owner’s land, or to build astride the line of junction (or boundary) between the two properties to create a new party wall.
This is often referred to as ‘straddling’ the line of junction or boundary. The new wall will, in almost all circumstances, require removal of the existing fence to allow it to be built safely and finished from the Adjoining Owners side – normally either pointing or rendering.
Your neighbour will need to consent in writing to having the new wall built astride the line of junction. This will form a new Party Wall which is in effect a shared asset. If the neighbour does not consent the wall will have to be built wholly on your own land. Albeit this would be flush against the line of junction.
Both neighbours can benefit from consent for a new Party Wall. We set out the potential benefits in more detail in another article. Even if the Adjoining Owner does not give consent to a new Party Wall the Act still provides rights of access to the Building Owner to build the new wall and remove any fence in the process.
Further Guidance when appointing a Surveyor
If you are a Building Owner planning work to your property and want help managing the Party Wall process, please get in touch.
For information on how the Party Wall Act affects you see our Party Wall Fact Sheet.
You can also find further information in our Party Wall FAQs. This has been compiled this from questions we are often asked about the Act.
You can also find guidance on choosing a Party Wall Surveyor in our recent news article.
There is some further information in the government’s explanatory booklet on the Party Wall process.
If you are unsure how the Act affects your property and want some advice give us a call.
If you would rather we called you instead, please fill in our Contact form and we will be in touch.
For a quick Party Wall Quote for your project send us the details of your planned work here.
Local Party Wall Surveyors
To contact a Party Wall surveyor that's local to you, see details of our teams in :
For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.
If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact:
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