Yes, a party wall is shared.
Understanding Party Walls
A party wall is a wall that stands on the land of two or more owners. In England and Wales, the Party Wall Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighboring buildings.
Types of Party Walls
According to the reference, party walls can be of two main types:
- Walls forming part of a building: These are walls that separate buildings belonging to different owners.
- Walls not forming part of a building: These can include garden walls that stand on the boundary between properties (excluding wooden fences).
Implications of Sharing a Party Wall
Sharing a party wall means that both owners have rights and responsibilities regarding the wall. For example, if one owner wants to carry out work on the wall that may affect its structural integrity or the neighbor's property, they must inform their neighbor by serving a Party Wall Notice. This ensures the neighbor is aware of the proposed work and has the opportunity to raise any concerns.
The Party Wall Act 1996
The Party Wall Act 1996 is crucial because it:
- Provides a legal framework for resolving disputes.
- Requires notice to be given to adjoining owners before certain works are carried out.
- Ensures that work is carried out in a way that minimizes the risk of damage to the adjoining property.
In Conclusion
A party wall is inherently a shared structure, and its use and any work affecting it are governed by the Party Wall Act 1996 to protect the rights and interests of all involved property owners.
