The purpose of this post is not to explain the Act but rather to examine how the Act can influence the design of some aspects of the work. To illustrate the point let’s consider a single storey rear extension to a mid-terraced property where the properties to either side have not yet been extended.
There are 3 options available in respect of the position of the flank wall.
Astride the boundary
Under this option the centre of the wall sits along the boundary line i.e. as a party wall – see the image below. This effectively continues the wall that divides the main parts of the properties albeit the new wall will generally be of cavity construction.
It’s important to realise that this option is only available with the adjoining owner’s express consent but because of the potential benefits to both owners it’s always worth asking. If notice is served requesting consent to construct a new party wall and that consent is refused it’s not necessary to serve a further notice so no time is wasted.
Up to the boundary
The second option is to build the flank wall up the boundary but entirely on the building owner’s own land (see image below).
The construction of the wall is still covered by the Act but express consent is not required.
Slightly back from the boundary
Whilst every owner has the right to build up to the boundaries of their property (assuming they have planning consent) walls are sometimes positioned back slightly to allow for projections such as guttering, capping stones or foundations.
A Design View
Increasingly, the options set out above are restricted as the adjoining owners will already have an extension but where there is a choice I always advise my clients to request consent to build astride the boundary. The advantages in terms of space gained, saving money in the long term and achieving a more desirable detail at the boundary are significant.
Should you be looking to explore the idea of having work carried out to your property and wish to discuss party wall matters further please do not hesitate to contact us by email or call 020 7183 2578.