Who is responsible for repairing a party wall? How to find out who should be organising and paying for the work

Sharing isn't always easy, even for fully grown adults, which perhaps explains why party walls can, at times, be rather troublesome. After all, if they are shared and become damaged, who is responsible for repairing a party wall?

Party walls are walls that are shared between two adjoining properties, standing slap bang in the middle of the boundary of land between owners. Should you wish to carry out any work that will affect this wall in any way, you need to inform the neighbours you share it with and serve a Party Wall Notice.

Even if you are not carrying out any building work relating to the wall, in all likelihood there will come a point when it might need some remedial work, in which case you'll need to know who is responsible for this. And that is where our handy guide comes in, to explain everything you need to know in order to maintain good relations with your neighbours.

Who is responsible for repairing a party wall?

Whether you are building an extension or simply undertaking some home maintenance, there is often a little confusion surrounding ownership of party walls and, in particular, whose job it is to undertake repairs and maintenance.

'Generally, both property owners who share the party wall are jointly responsible for its repair and maintenance,' says Paula Higgins CEO of HomeOwners Alliance.

'In general, both property owners share responsibility for maintenance and repairs, as the wall is jointly owned,' adds planning consultant Simon Rix of Planix.uk.

Paula Higgins

After spending 15 years reforming housing policy in government, enough was enough. Homeowners needed a voice and HomeOwners Alliance was born.

Simon Rix

Simon was a council officer and later an elected councillor, so he knows how the planning system works from both sides. He went on to set up Planix.UK Planning Consultants Ltd; a consultancy company that advises self builders, home extenders and those taking on small to medium-sized building projects on planning permission.

How can you find out who is responsible for a party wall?

This really does vary depending on the wall in question and any previous agreements that have been put in place.

'Responsibility for repairing a party wall depends on the cause of the damage and the agreements in place between the adjoining property owners,' explains Simon Rix.

Even if you have a Party Wall Agreement in place because you have been carrying out work to your house that affects the wall, if the damage is your fault, the responsibility falls upon you to put it right. And if you are wondering is it illegal to ignore the Party Wall Act, is it worth bearing in mind that the consequences of doing this could be serious.

That said, in general, if the wall is simply in bad condition and suffering from general wear and tear, the responsibility is shared.

How do you tell if it's a party wall or a boundary wall?

Although the two terms are often used interchangeably, a boundary wall and a party wall are actually quite different.

A party wall is one that sits astride the boundary line of two or more properties – usually providing support to the two separate structures. The ownership of this wall is shared.

A boundary wall, on the other hand, lies completely within the land of a sole owner. While it may form the dividing line between properties, its ownership is determined by whose land it sits on – worth bearing in mind if you are looking at how to hide an ugly garden wall that might not be yours.

Who pays for party wall damage?

This is where things can get heated if one neighbour doesn't want to comply – similar to when looking into planning permission for garden fences that will sit on shared land.

'If the damage is due to general wear and tear, both parties usually split the costs,' explains Simon Rix. 'However, if one owner causes damage – such as from construction work – they are typically responsible for the repair costs.'

'The cost is typically split between them, but can depend on each owner's usage of the wall and who is responsible for the damage,' adds Paula Higgins. 'If damage is caused by one owner's actions or negligence, that owner may be solely responsible for repairs.'

What to do if someone refuses to repair a party wall?

Should a neighbour have caused damage to a party wall you jointly own, you will obviously be keen to ensure they pay for the necessary repairs. Likewise, if wear and tear means remedial work is required, it is only fair that both owners stump up for the costs. But what happens when one party refuses to accept any responsibility?

'The Party Wall etc. Act 1996 in England and Wales provides a framework for resolving disputes, ensuring fair contributions, and setting out how work should be carried out,' explains Simon Rix. 'If disagreements arise, a party wall surveyor can help determine liability and mediate costs.'

'How much you each pay will depend on how much use you each have of the structure or wall concerned and which of you bears responsibility for the defect or repair,' adds Paula Higgins. 'It will be down to the party wall surveyor to decide who pays the fees.'

Where to go for help

Neighbourly disputes over shared pieces of land and structures are incredibly common (as those asking can I cut my neighbour's hedge may well have found) but this doesn't make them any less stressful and upsetting.

'A party wall surveyor can determine the appropriate allocation of repair costs,' says Paula Higgins.

Although a party wall surveyor is the professional that can help you with any disputes over responsibility and repair payments, trying to avoid this in the first place is the ideal.

'The best way to avoid soaring party wall surveyor costs is to try to keep things friendly with your neighbour,' agrees Paula. 'A bit of time spent on friendly relations at the start could save you thousands of pounds down the line.'

FAQs

How to find out who owns the neighbouring property with the party wall?

In some cases you might be unclear about who you are actually sharing your party wall with. Obviously, if you are seeking to share repair costs, or need to serve a Party Wall Notice, you will need to get to the bottom of this. So, how do you find out who owns the property sharing your party wall?

'You should be able to find out who owns a property by searching the Land Registry,' says Paula Higgins.

You will need to take a look at Title Deeds.

Making changes to party walls and shared patches of land can have all kinds of unpleasant (and sometimes costly) consequences. In the same way, carrying out work without planning permission can also lead to trouble – make sure you know exactly what you can and can't do before beginning any home improvements or building work.