How do I Know if my Wall is a Party Wall?

If you are planning an extension, most people will want to maximise the size of the property for fairly obvious reasons. One way to do this is to use an existing party wall, such as a garden wall, to be used as the new side of an extension.

If you live in a terrace or a semi-detached, your gardens may be separated by a timber or chain link fence. This is not a structure and so not governed by the party wall act. In other words you will not be able to remove it and rebuild a new wall astride the boundary without your neighbours express permission.

Your neighbour will need to consent in writing to having a new wall built astride the boundary if there is none present as this will form a new Party Wall which is in effect a shared asset; if this consent is not forthcoming you will be required to build the wall wholly on your own land albeit flush against the boundary. Obtaining consent for a new Party Wall comes with its own benefits to both parties and these will be discussed in more detail in another blog. Even if the Adjoining Owner does not give consent to a new Party Wall the Act will still invoke rights to access their property to build the new wall and remove the fence etc in the process.

In the event that the garden is currently divided by a brick garden wall and you wanted to replace this wall and instead build a new Party Wall the neighbour’s consent would not be required in this instance as a Party Wall is already in situ. You would however need to serve the neighbours with a notice of your intention.

In short, if there is a garden wall astride the boundary you can demolish it an build a new wall as the side of your extension, and if not, the neighbours will need to agree to a new wall astride the boundary.