The role of conveyancing solicitors is essential in ensuring property transactions go smoothly. Among the important matters they will often deal with are party walls, particularly if any outstanding issues with them need to be addressed before completing the purchase.

According to the 2021 Census, only 27.53 per cent of dwellings in the south east were detached, which means most people have a shared physical wall between properties. This is one definition of a party wall.

Other aspects classed as a party wall include:

•       A boundary between properties outside the building, such as a garden wall
•       A wall separating buildings belonging to different owners, even if it stands entirely on the land of one owner
•       Party structures are also covered under the definition, including things like roofs,  or floors in the case of flats

There is clear legislation concerning what can and can’t be done with a party wall by the parties on either side of it, set out in the Party Wall Act 1996. This also covers matters such as responsibility for maintenance and dispute resolution.

What Kind Of Party Wall Issues Can Conveyancing Solicitors Identify?

However, there are also issues that can arise in the conveyancing process before a transaction. You will need to be made aware of the issues and, if possible, have these resolved before completing the purchase.

Such issues include:

•       Whether a party wall notice (notifying of upcoming work on or affecting the party wall) has been served by the neighbour, as this may affect you
•       If the owner you are buying from has consent for party wall work, which may require a new application for consent
•       If you buy from the adjoining owner, new consent or a fresh notice may need to be served
•       There may be new liabilities or obligations that could arise after a sale, for instance, if a garden wall needs repairing
•       If there is a party wall award that requires the existing owner you are buying from to pay compensation, which means you need to be sure this liability is not passed on to you
•       Whether a party wall award was made but happened over 12 months ago, but work has not started, in which case, by law, it will have lapsed

These are issues that your conveyancing solicitor can identify.

What Happens If A Conveyancing Solicitor Finds Outstanding Part Wall Issues?

It may be that in many cases there is no outstanding party wall issue, that the party walls are in good shape and that neither the seller nor the neighbour has consent for any work.

If so, this should be confirmed as part of the conveyancing process and you can proceed with no concerns on this topic.

However, if any of the issues above do pertain to the party wall and there are complications, this is something the conveyancing solicitor will establish. This information will enable you to be informed about the situation and you can then decide what to do next.

That could include asserting your legal rights, establishing an agreement with the seller or the neighbour about what will happen with the party wall, or deciding to discontinue the purchase.

Either way, good conveyancing will ensure you know exactly what the situation is, so you do not get an unpleasant shock after completing the purchase.