Understanding Your Rights and Responsibilities with a Party Fence
When it comes to shared boundaries in London and the South East, the term 'party fence' often comes into play. A party fence wall, commonly known as just 'party fence', is a boundary wall straddling the lands of two or more owners, serving as a partition between separately owned properties.
What is a Party Fence?
A party fence does not include normal timber fences or chain link boundaries; it specifically refers to a wall that stands on the land of two or more owners and forms part of a building - think semi-detached or terraced housing. Understanding party fence responsibilities is crucial for maintaining a good relationship with your neighbours and ensuring the structural integrity and security of your property.
Legal Framework: The Party Wall etc. Act 1996
The Party Wall etc. Act 1996 is a significant piece of legislation when dealing with party fences. It provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighbouring buildings. Familiarizing yourself with this act is essential for all property owners adjacent to a party fence.
Rights and Duties Under the Party Wall etc. Act
- Notification: Property owners must notify their neighbours if they intend to carry out any work on a party fence wall.
- Agreement: It is ideal for all parties involved to reach an agreement regarding the execution of any proposed works.
- Protection: Owners should ensure that any construction activity does not negatively impact the adjoining property.
When Do You Need a Party Wall Agreement?
A Party Wall Agreement is required when you plan to carry out work involving the party fence wall, such as building on or altering it. This agreement should be secured prior to the commencement of work to ensure compliance with the Party Wall etc. Act 1996 and to avoid potential disputes.
Examples of work requiring a Party Wall Agreement include:
- Cutting into a wall to take the bearing of a beam
- Inserting a damp proof course all the way through the wall
- Raising the height of the wall
How a Professional Surveyor Can Help
Engaging a professional surveyor early in your project planning can ensure that all legal requirements concerning party fences are met, and that your project progresses smoothly without causing disputes or legal issues. A surveyor can help with:
- Preparing and serving the necessary notices
- Drafting a fair and comprehensive Party Wall Agreement
- Mediating any disputes that arise between neighbours during the process
Handling party fences properly is not only a legal obligation but also a critical component of responsible property management. Ensure that you approach any work involving a party fence with the detailed attention and professional advice it requires.
Testimonials
Nick M
I recently had the pleasure of working with Clayton from Ayling Associates for a home survey on a property I am purchasing in London. From start to finish, Clayton was incredibly thorough, professional, and personable. The level of detail in the survey report was outstanding, covering every aspect of the property with clear, concise explanations. Clayton identified key areas of concern and provided practical, actionable recommendations that have been invaluable as I move forward with the purchase. His expertise, particularly in assessing structural concerns, gave me the confidence I needed to make an informed decision. Clayton was always available to discuss the findings and answer any questions I had, going above and beyond to ensure I fully understood every detail. His communication was excellent throughout the process, making what could have been a stressful experience much smoother and more manageable. I highly recommend Clayton and Ayling Associates to anyone in need of a reliable and knowledgeable surveyor. Their commitment to client satisfaction and their deep understanding of property issues truly set them apart. Thank you, Clayton, for your exceptional service!
Date: 30th of August 2024
Freddie Green
My report and consultation were excellent. I really appreciated the thoroughness, expertise, advice and value for money. Would recommend to anyone looking for a surveyor, and especially first time buyers.
Date: 21st of August 2024
David Labonte
Excellent, prompt, and professional service. The report was detailed, and much more useful than previous reports I received. Communication was straightforward, rapid, friendly, and informative.
Date: 23rd of August 2024
R Malick
Promptness of response : Mr Ayling made contact with me promptly. Quality of service : He wrote a survey that was comprehensive and it helped me make my decision about the purchase of a property. Value for money : Costs were not as much as I expected.
Date: 4th of August 2024
J Brunza
Promptness of response : Called within a minute. Professionalism : Quick and straightforward.
Date: 4th of June 2021
B. Jones
Promptness of response : Prompt, professional service. Quality of service : As above. Value for money : Value for money. Professionalism : As above.
Date: 4th of March 2021
F Percival
Promptness of response : Quality of service : Brilliant service. Took the time to understand our precise needs for the survey and made great effort to address our concerns. Value for money : Professionalism : An exemplary professional.
Date: 4th of April 2021
Francis
Superb. Fast turnaround on an impressively thorough RICS Building Survey Report. Ayling Associates listened to our particular concerns and were extremely helpful in talking us through the full report over the phone. Strongly recommended.
Date: 4th of March 2021