Party Wall Issues

Embarking on a basement, cellar, or below-ground project involves more than just digging and construction. It requires careful planning and consideration of several key factors. One of the most critical is party wall agreements. When building your basement, understanding the impact on adjoining properties is essential to ensure a smooth and legally compliant process. At MJ Rooney, as part of our basement and construction works, we help manage these complexities ensuring your project progresses seamlessly while respecting your neighbours' rights and concerns.

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What is a party wall?

A party wall is a wall that stands on the boundary between two adjoining properties and is shared by both property owners. Party walls can exist in various parts of a home, including the basement. Any work that affects a party wall, such as digging for a basement extension or underpinning, requires careful consideration and legal compliance.

Party wall legal requirements - MJ Rooney

Party wall act - Legal requirements

The Party Wall Act 1996 was introduced to address disputes between homeowners and builders over party walls, boundary walls, and excavations near neighbouring buildings. If you are planning to build a basement or below-ground space, you must inform your neighbours of any work that affects a jointly owned wall or boundary. For example, if you’re working on a terraced or semi-detached home, you are legally required to notify your neighbours of the work.

The Impact on Neighbours

The Party Wall Act mandates that you must inform your neighbours about any work that may affect a shared wall or boundary. This helps prevent disputes and ensures that all parties are aware of the potential impact. Adhering to this law is crucial for maintaining good neighbourly relations and avoiding legal complications.

Obtaining a Party Wall Agreement

A party wall agreement is a formal agreement provided by a surveyor after reviewing your architect's designs and examining the structure of your building. This agreement is essential for:

Ensuring legal compliance with the Party Wall etc. Act 1996.
Protecting the structural integrity of your property and adjoining properties.
Preventing disputes with neighbours by setting clear expectations and responsibilities.

⁠What happens if you do not get an agreement?

Failing to secure a party wall agreement can lead to several consequences:

Legal Issues: You may be in breach of the Act, leading to potential legal action from your neighbours.
Structural Damage: Without a formal agreement, you risk causing damage to your neighbour's property, which can result in costly repairs and disputes.
Project Delays: Disputes and legal challenges can significantly delay your basement, cellar or below-ground project, leading to increased costs and frustration.
Compensation Claims: Neighbours may claim compensation for damages or inconvenience caused by the work, adding to your financial burden.