Flats and the Party Wall Act – Work Affecting Party Structures

Once a building owner has established the layout and demise of the flats within an adjoining building, the next step is to work out how they are affected by the proposed works.

It’s best to consider this in 2 parts by asking:

1. What is the extent of the party structure that divides the building owner’s and adjoining owner’s properties, and which part of it falls within the adjoining owner’s demise?
2. Is that part of the party structure directly affected by the proposed works?

The rights relating to party structures are set out in sub-section 2(2) of the Act so let’s illustrate this method by looking at a couple of examples:

Section 2(2)(f) provides a right to cut into a party structure. That can be for any purpose, but a common reason is to allow for the insertion of a steel beam as part of a structural alteration. If the section of wall directly opposite the precise location of the pocket forms part of an owner’s demise, they must be notified.

If a party structure is to be raised or underpinned in accordance with section 2(2)(a) of the Act, that work will not generally be notifiable to any adjoining leasehold interests as it is taking place beyond the demise of their flat.

Couple of final points …

It is true that adding weight to a party wall, either by using it to support a beam or by constructing masonry on top of it, has the potential to damage the whole of the wall (including the parts lower down that are enclosed by other flats) but ‘adding weight’ is not a right set out in sub-section 2(2) and cannot therefore be the subject of a notice. The owners of flats not directly affected should be reassured that the work will be notifiable to their freeholder (and any surveyor appointed by that freeholder should ensure that the condition of all areas at risk of damage is recorded prior to the works commencing).

When cutting in to a party structure, in accordance with section 2(2)(f), it is not, in my view, necessary to establish whether the demise of the lessee on the opposite side of the wall or floor includes the party structure because of the wording of section 2(1) ‘This section applies where lands of different owners adjoin and at the line of junction the said lands are built on or a boundary wall, being a party fence wall or the external wall of a building, has been erected’. In other words, the Act treats the wall or floor as the party structure where the lands of different owners adjoin, so the leaseholder’s demise does not need to include the structure itself for section 2(2)(f) to apply.

If you require advice on a party wall matter, you are welcome to contact us on 020 7183 2578 or via email.