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The common law on party walls or separating walls is complex: the wall might belong to one side or the other, it may have its ownership split down the middle, or it may be jointly owned; and the neighbours rights and responsibilities are different in each case. The uncertainties involved can lead to a waste of materials and space, as buildings get constructed in stages with doubled-up walls, each on its own land, with complicated foundation structures to avoid footings encroaching under the neighbours' land. It can also lead to poor detailing as owners try to get their weatherproofing right without going beyond the boundary line. Conversely, if a neighbour is "certain of his rights" and just gets on with it, then major disputes can arise, which can spend years (and thousands of pounds) going through the courts. The new system treats all party walls alike and gives owners both sides certain rights over the whole wall, which means they can use the best design solutions, and also protects the interests of their neighbours by spelling out responsibility for paying for the works, and repairing any damage done to adjoining property in the process. Definitions A party fence wall is one built straddling the boundary line but not being part of a building. A party wall is one which forms part of a building and straddles the boundary line, or one which separates two buildings with different owners, even if it built entirely on one side of the boundary. A party structure is a party wall or floor separating two buildings (or parts of buildings approached from separate staircases or entrances) The person intending to carry out building work is known as the Building Owner, and the owners of buildings or land on the other side are known as Adjoining Owners. As ‘owner’ has a wide definition (a freeholder, or a leaseholder with more than yearly tenancy) and building works may affect several neighbouring buildings, there could be many Adjoining Owners involved. A surveyor for the purposes of the Act is any person (other than the Building Owner or an Adjoining Owner) appointed to sort out disputes. He/she need not be a Chartered Surveyor (although I hope that most will be - for obvious reasons). Surveyors are in a position of power as they cannot be dismissed once appointed, but must act completely independently of the parties. Their job is to administer the Act, not to represent their clients - indeed, party wall surveyors refer to 'Appointing Owners' rather than 'clients'. New party walls If a boundary line has no wall, or only a boundary wall, there is a procedure under Section 1 for the owners to agree to build a new party wall. The Building Owner gives one month's notice of his intention to build the new wall. If the Adjoining Owner consents, then the wall may be built straddling the party line, and both parties may use it and construct buildings against it. Costs are shared depending on the use each party makes of the wall. If the Adjoining Owner does not consent, then the Building Owner must construct the wall entirely on his own land, except that footings may project under the Adjoining Owner's land. The Building Owner is responsible for all costs, including making good any damage he causes. Of course, the resulting wall is not a party wall under the Act, so the Adjoining Owner cannot subsequently make use of it. Rights over party walls Section 2 gives a Building Owner extensive rights over any party wall, as it allows him to underpin, thicken, raise, repair, upgrade, demolish and rebuild, cut away projections, or cut into it to insert flashings, DPCs or other weatherproofing. If the work is done by way of repair, because the wall is dilapidated, then costs will be shared; otherwise all costs are borne by the Building Owner, including the cost of making good any damage done to the Adjoining Owner's premises or furnishings. The Building Owner must also, if required to, extend the Adjoining Owner's flues and chimney stacks to keep them drawing correctly. Therefore the Building Owner's new-found powers are balanced by a major responsibility. He is personally responsible for any damage done, and cannot 'hide behind' the contractor.