Estimated reading time (in minutes)
A party wall separates two neighboring properties. It is built at the common expense of the owners. Even if the wall is adjoining, it is possible to carry out work under certain conditions. Maintenance work is the responsibility of each owner, unless it results from the fault or negligence of a neighboring individual.
A party wall refers to a shared wall, boundary, or structure that separates two adjacent properties. It can be a wall between two houses or a wall separating a property from a public space. Understanding party walls is crucial for homeowners, as they can have significant legal implications and require specific procedures during renovations or repairs. Here’s what you need to know about it.
Who owns it?
A party wall belongs to two neighboring owners and is built at their joint expense to separate their two properties. The notion of adjoining also applies to other types of fence: palisades, hedges, ditches, etc.
Before making any changes to a party wall, it is essential to establish an agreement. This agreement outlines the rights and responsibilities of both owners regarding the shared structure. The party wall agreement guarantees that any work project on the wall is carried out in accordance with the laws and regulations in force. It also provides protection for both parties in case of disputes or damages that may arise during the construction process.
How to recognize it?
A priori, any wall separating two properties is presumed to be adjoining, which the law defines as a “presumption of adjoining”. In this case, the wall also belongs to both neighbors. It is possible to oppose this presumption by demonstrating, for example, that the slope of the wall is directed only on the side of the neighbour, and that the wall is therefore private.
Some work is considered “reportable” and requires advance notice to adjacent landowners. These notifiable works may include structural alterations to the party wall, demolition and reconstruction of the wall or excavations near the foundation of the wall. The notice must be in writing, providing detailed plans and timelines for the proposed work.
Who is responsible for maintenance work?
The maintenance costs are the responsibility of the various owners of the wall. If there are two, they will each pay half. If this work is made necessary by the sole fault of one of the two owners, it is he alone who will bear the cost of the repair work. What freedoms for work? The freedom is less compared to working on a private wall. The owner can nevertheless carry out work as long as he does not compromise the solidity of the party wall. He can for example affix beams to it. To do this, it is necessary to obtain the permission of the neighbor if the work rests on the wall. If you carry out the work without the agreement of your neighbour, you risk damage or restoration of the premises. Can we renounce co-ownership? Each owner can waive co-ownership. There is no particular formalism, but it is advisable to send a registered letter, or even to go before a notary. One cannot renounce it if the wall supports the construction of his own house or if the wall is in a dilapidated state by his fault. In some cases, both parties are advised to appoint independent experts to oversee the process. Surveyors act as impartial mediators, ensuring that the rights of both owners are protected. They evaluate the work proposed, prepare specifications and resolve any disagreements. ensure that the rights of both owners are protected. They evaluate the work proposed, prepare specifications and resolve any disagreements. ensure that the rights of both owners are protected.
Understanding party walls is essential for landlords to navigate the legal complexities of renovating or altering properties with shared structures. By obtaining a party wall agreement and following the proper procedures, both owners can ensure that their interests are protected and potential conflicts are mitigated. If you are planning work that may affect a party wall, it is recommended that you consult with a qualified surveyor or legal professional to ensure a smooth and compliant process.
