As a party wall surveyor, we often encounter questions regarding the construction of structures adjoining party walls. One common query is whether building a timber fence over party wall falls under the regulations of Party Wall Act. Let’s delve into this topic to provide clarity and guidance on what is permissible by law.
The Party Wall Act stipulates that any alteration or construction involving the party wall must be notified to the adjoining owner. This notification should seek their consent or lead to the issuance of a party wall award. However, the Act does not explicitly distinguish between minor and major works. It simply requires notification for any action that impacts the party wall, including drilling or cutting into it.
Despite the Act’s broad language, there exists a consensus within the industry that certain minor works may not necessitate formal notification to the adjoining owner. For instance, tasks such as drilling into the party wall to install plugs or screws for ordinary wall units. Adding or replacing recessed electric wiring and sockets. Even removing old plaster and replastering may be considered too minor to require formal notice.
The Government’s Explanatory Booklet offers some guidance in this regard
It suggests that works with minimal impact on the structural integrity and support functions of the party wall. As well as those unlikely to cause damage to the adjoining owner’s side, may not warrant notification under the Act.
However, it’s crucial to assess whether the planned work could potentially affect the overall strength and stability of the party wall or cause harm to the adjoining owner’s property. If there’s any doubt regarding the necessity of notification, seeking advice from a qualified building professional is advisable.
In the case of constructing a timber fence over a party wall, several factors come into play. While attaching a fence to the party wall may seem straightforward, it’s essential to consider its potential impact on the wall’s structural integrity and the rights of the adjoining owner.
Before proceeding, it’s prudent to evaluate whether the fence installation could compromise the stability of the party wall or infringe upon the adjoining owner’s property rights. Consulting with a party wall surveyor can provide valuable insights into navigating the legal and practical aspects of the project.
In conclusion, while the Party Wall Act mandates notification for any works impacting the party wall. Certain minor tasks may not require formal notice. However, when in doubt, seeking professional advice is the best course of action to ensure compliance with the law and maintain amicable relations with adjoining property owners.