A Party Wall is not always a Party!

What is a Party Wall

Chapter 3 of the Land & Conveyancing Act 2009 (“the Act”) makes certain provisions in respect of party structures.  While the definition of a “party structure” includes a party wall, it also includes other structures between properties.

Under the Act, party structures include any arch, ceiling, ditch, fence, floor, hedge, partition, shrub, tree, wall, or other structure.  These structures can horizontally, vertically, or in any other way, divide adjoining separately owned buildings, or be located at or on a boundary line between adjoining and separately-owned buildings.  They can also divide unbuilt lands.

The structures envisaged are:

• structures that are situated so close to the boundary line that it is impossible, or not reasonably practicable, to carry out works to the structure without access to the adjoining building/land; and
• any structures which are situated entirely in, or on one of the adjoining lands, or structures that straddle the boundary line between them, and the structure is either co-owned by the owners of the respective lands or subject to some division of ownership between them

Examples of party walls / structures include:

1. A party wall of a terrace house
2. A wall dividing you and your neighbour’s land

Works to Party Walls

As a building owner, you are entitled to carry out certain works under the Act.  This includes maintenance, renewal, repair and replacement of the structure. Any inconvenience caused may not go beyond what is considered “reasonable” inconvenience, and any damage done during the works has to be made good by the party responsible for the relevant works.

The Act entitles the adjoining owner (being the co-owner of the party wall) to have the cost of reasonable professional advice paid for by the building owner who is proposing to carry out the works, so as to ensure that the likely consequences of any works are ascertained.  However, this cost may be offset where the other party is also benefiting from the works.

Recourse for Damage Caused

The Act provides that in exercising their right, the building owner must make good all damage caused to the adjoining owner’s property as a consequence of such works, or reimburse the adjoining owner for the costs involved in making good any damage.

In circumstances where the building owner causes damage to the party wall and/or the adjoining owners’ property during such works, and the building owner neglects to repair such damage, the adjoining property owner may apply to Court for an Order to complete the damage to be fixed. Compensation may be payable in circumstances where the relevant works cause disruption to a business.

Obstruction of Works

In circumstances where the adjoining owner refuses to allow you to carry out such works or attempt to obstruct the carrying out of works to the party wall, an application can be made under Section 45 of the Act.  This involves making an application to the District Court to request a Works Order to provide permission for the works.

Where the Court makes an order authorising the works, it may impose certain terms and conditions as it sees fit.  Such terms and conditions would take into account the individual circumstances of each case and can include provisions to ensure that access is provided and require the provision of security or an indemnity from the party carrying out the works for any damage which may arise as a result of such works.

In practical terms, where you intend to carry out works to a party structure or party wall, you should approach the adjoining owner to let them know the extent of works that are intended to be carried out, and provide them with any details that are reasonably available.  While protections are in place for both parties under the Act, it is preferable to carry out the works with the other party’s consent to reduce the risk of any disputes arising and delaying progress on site.

How we can help

If you have any queries or concerns, or would like to discuss the above in further detail, please feel free to contact Rachel Nangle in our Commercial Real Estate Department (rnangle@bhsm.ie / +353 (0)1 440 8342).

This article is for general information purposes.  Legal advice must be obtained for individual circumstances.  Whilst every effort has been made to ensure the accuracy of this article, no liability is accepted by the author for any inaccuracies.