Confusion over party wall legislation

[forageintheforest]

Does anyone know if you need a party wall agreement if the proposed structure borders a garden fence not a wall.

We have recently has a flat roof extension placed on the back of our house, across the width, and were required to obtain a party wall agreement, as the extension will be on the boundary; ie our wall of the extension will then form the boundary (party wall).

The party wall act relates to the boundary, not specifically a fence or a wall.

Steve the Party Wall Surveyor here - the party wall act applies in three situations - work on, or involving an existing party wall (which may be a garden wall), building on the boundary line (which may mean taking a fence down) and excavating within 3m of a neighbours footing and deeper than that footing.

So in the case above if the new building is going to replace a fence on the boundary the party wall act will apply. If the fence is retained and the new building is inside the boundary the act will not.

@stevenway1 Even if the new structure is within 3m of the neighbouring property? (subject to foundations obviously)

If the new structure is within 3m of the neighbouring property, you do need a PWA. Whether there’s a fence or not doesn’t matter.

Inside a retained fence has no bearing on it either. If within 3m of a building, an agreement is needed. If it’s at the end of the garden, far from anything, it’s of no consequence.

That has always been my understanding @TizerorFizz
I was surprised at a Party Wall Surveyor saying differently.

@Seeline
Lots of people seem to think it’s only needed for immediately adjacent or adjoining work. 3m takes into account a lot of extensions on the back of semi detached houses.

The 3m rule is misunderstood. It applies ONLY to excavation (which will include for new foundations) within 3m of a neighbour's foundations AND to a depth deeper than the bottom of those foundations. Other work within 3m is all permissible without notification.

Other than relevant excavation the party wall act deals with work on a party wall or structure or a new building on the line of junction.

That's what I thought @stevenway1 but in your previous post you said the PWA wasn't applicable in the OPs case, without knowing anything about foundations which is why I was confused.

Because a garden fence isn't a structure, and doesn't have a foundation and so the act would not apply, but a garden wall is and the act would apply.

The fence could be close to the property though. We don’t know.

Thank you all for your replies.
Its really confusing isn't it.
Ive been approached by a party wall solicitors firm so I might ring them and see how much they charge for an opinion.

The government guide on this is pretty good as these things goes including examples and diagrams - this is what I always use as a starting point for clients

www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

There's a conspiracy amongst party wall surveyors to ignore the definition of 'building owner' under the 1996 Act. The definition is wholly unlike the definition in the London Building Acts and isn't what you'd expect. A 'building owner' is merely someone who wishes to take advantage of the additional rights the Party Wall act can offer you. The 1996 came into force on 1st July 1997, but it didn't withdraw your common law rights. If you could carry out the proposal before the Act came into force you can carry it out now, without serving Notice.