Party Wall Advice

One Answer

1. Steven Way says:

   6th February 2025 at 3:28 pm

   Hi Nathan,

   Thank you for your question.

   A party wall or structure divides two buildings. The boundary line between the properties will pass through the party wall, usually at its mid-point. In those situations, a wall is considered a party wall to its full height, even if one building does not make use of a part of it.

   Alternately, if the boundary line extends along the face of the wall, only that part of the wall which is shared between the owners will be considered as a party wall, so a section projecting above one party’s roof may not be a party structure.

   In principle, repairs to party walls are considered a shared responsibility, and the cost can be divided between each party. However, the Party Wall Act says that the costs are split between the owners according to a) the use which each owner makes of the wall concerned and b) responsibility for the defect or repair concerned.

   Where a section of the party wall extends above another building, as in the situation described, only one party uses that part of the wall, it is most probable that they will be liable for the cost of repairs. If there is a dispute as to cost, party wall surveyors will need to be appointed, and they will determine liability.

   If the section of the wall that extends above another building is not a party wall (i.e. the boundary line is on the outer face of the wall), then all responsibility for the repair and costs of repair of that section rests with the party who makes use of that part of the wall.

   Hope this helps.

   Steven Way (Practice principal & chartered building surveyor for Collier Stevens)

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