What to Consider while Rebuilding a Boundary Fence or Party Fence Wall?

There is a slight difference between the definition of Party Wall and Party-Fence wall. A Party Wall may be any structure that stands upon a property and is shared by two or more owners. This structure (wall/floors/other partitions) separates a property between multiple owners. This partition is referred to as a Party Wall if it is part of one or multiple buildings on a property. However, it will be known as a boundary fence or party-fence wall if it does not form the part of any building. A party-fence wall stands astride the boundary line that is present between various owners and is used in order to separate the properties.

The legal framework that is available through the Party Wall etc Act 1996 prevents and resolves the party wall disputes, boundary disputes and any dispute resulting from the excavations close to the neighbouring buildings. It is essential to follow the law stated in this act if anyone wants to restore a party wall/party fence wall/boundary wall or wants to build a new structure.

Separating a Party Fence Wall from Boundary Wall

A party-fence wall is separate from the boundary wall; however, the definitions of these walls often sound similar. You are more than likely to have a party-fence wall if you live in a semi-detached house and the center of two adjoining properties form the center of a wall. It is tricky to separate a party-fence wall from a boundary wall if you live in a detached property. In this scenario, it is essential to examine the deeds of the property-owners sharing a land. You may even hire a boundary surveyor to determine the type of the partitioning wall.

Important Matters to Consider before Rebuilding a Party-Fence Wall

If you have a party-fence wall instead of a boundary wall, then it is important to consider some points before rebuilding or restoring a party-fence wall according to the Party Wall etc Act 1996.

Retaining the Service of Party Wall Contractor

Hiring a Party Wall Surveyor is the most important task to perform before constructing a new party-fence wall or rebuilding an existing wall. A building-owner has to serve party wall notice to an adjoining owner before starting a construction project. A surveyor can correctly prepare the notice due to having necessary legal knowledge. Hiring a party wall surveyor is also necessary to resolve all types of Party Wall Act disputes that may occur in the future.

A party wall surveyor is experiment and learned in all matters related to party wall due to being associated with the surveying professions. A surveyor also knows about Party Wall Act Compensation. Hence, a surveyor can follow the correct notification procedure in accordance to the Party Wall etc. Act 1996.

Notifying All Parties

It is essential to notify all parties associated with a shared property before starting any construction project. This is another benefit of hiring a party wall surveyor. If there are multiple owners to an adjoining property, then a surveyor can find out all owners and can inform them with a proper notice.

If an adjoining owner fails to respond to a notice, then a surveyor can send a 10(4) Party Wall Notice. With this notice, an adjoining owner receives an additional 10 days’ time to either consent or dissent to a party wall notice. It is a building-owner’s responsibility to duly inform all adjoining owners before starting a construction project on the party wall or party-fence wall.

Supposed Expense of Rebuilding a Party Fence Wall

It is equally important to keep in mind the probable cost of rebuilding or constructing a party-fence wall before starting the project. It does not just include the expenses for the construction work. You also need to consider the fees of a party wall surveyor appointed by a building-owner.

It is equally important to remember that an adjoining owner may hire a separate party wall surveyor. A building-owner has to bear this additional expense. If there are multiple adjoining owners, then you have to pay for multiple surveyors. If an advising engineer is hired by an adjoining owner, then it is a building-owner’s responsibility to pay the fees of this professional.

A building-owner has to bear all expenses pertaining to the restoration/construction of a Party Fence wall or boundary fence wall if this project benefits the owner. A building-owner also needs to pay for any type of damage that may result from the construction project. However, a Party Wall Surveyor can determine the split liability of costs between two or more parties if it is necessary to rebuild a party-fence wall or if a project benefits all property-owners.