FAQ

1. What is a party wall?
2. Is there a Party Wall Act in Ireland?
3. Who owns a party wall?
4. My neighbour is proposing to do works that may affect the party wall. What should I do?
5. How might this advice be free?
6. Are neighbours entitled to carry out these works?
7. How do we avoid arguments over repairing any damage?
8. Tell me more about Schedules of Condition and who does them.
9. I am concerned that the proposed works will affect foundations or cause leaks. What should I do?
10. My neighbour is seeking planning permission for the extension – should I object?
11. My neighbour is building without Planning Permission. Is it Exempt?
12. How much will it cost?

1. What is a party wall?

   A party wall is a wall shared between two properties. It could be a common wall separating, for example, two semi-detached or terraced houses. It can also be a garden wall between properties. However, not all boundary walls are Party Walls - they may be entirely in the ownership of one title. Regardless of the status, issues arise and advice can be given and we can assess whether the wall is a Party Wall, and what entitlements apply. 

2. Is there a Party Wall Act in Ireland?

   Yes there is, but it is not called a Party Wall Act.  The Land and Conveyancing Law Reform Act 2009 contains provisions dealing with Party Wall matters. It sets out the rights of both a person proposing to do work, and the adjoining owner. A Party Wall Surveyor will be able to clarify the likely impact and advise on the practical implementation. This can also relate to works near the boundary and Party Wall.

3. Who owns a party wall?

   There is no simple definition of who owns a party wall between two properties.

   Suffice it to say that both parties have rights to a party wall. It is often helpful for owners to consider themselves joint owners of the whole of a party wall rather than the sole owner of part of it. As referred to above, not all boundary walls are Party Walls and as a result different rights can apply.

4. My neighbour is proposing to do works that may affect the party wall. What should I do?

   You should get advice from a professional who is experienced in party wall matters. They will assess the situation and advise you in relation to the implications for your property, the entitlements of both your neighbour and yourself, and the actions that should be taken to safeguard both owners’ interests. Also read our TIPS section on 'Why Use Us'.

   It can also help for professionals on both sides to discuss the concerns of their respective clients - this reduces the chances of ill feeling. We can contact the Architect, and welcome professional contact us when we are involved in works. 

5. How might this advice be free?

   The Land and Conveyancing  Law Reform Act entitles the adjoining Owner to have the cost of reasonable professional advice paid for by the party who are proposing to do the works, so you may recoup fees. This cost may be offset if you are also benefiting from the works.Regardless - Good advice always pays.

6. Are neighbours entitled to carry out these works?

   Under the Act either party are entitled to carry out certain works. Both the works and any inconvenience are limited to being "reasonable". Any damage done during the course of the works, has to be made good. The Party Wall Surveyor will advise what works are reasonable, and may suggest alternatives to reduce any inconvenience. We can act for either side, or both.

7. How do we avoid arguments over repairing any damage?

   It is important that the assessment of damage is based on fact. It is advisable to have a Schedule of Condition carried out prior to any work starting, and which can be used as a reference for the state of the properties prior to the work starting. 

8. Tell me more about Schedules of Condition and who does them.

   We will prepare a Schedule of Condition. This will record the condition of the party wall and adjoining areas, and may include a photographic record, as well as written description. After the works are completed, this can be used to clearly identify any new damage, which will need to be repaired.

9. I am concerned that the proposed works will affect foundations or cause leaks. What should I do?

   This is within the area of expertise of the Party Wall Surveyor. Advice will be given, which may require information to be provided by the Architect or Engineer involved in the design of the works. We have extensive experience in designing and building in close proximity, and can guide workable solutions to suit the particular projects.

10. My neighbour is seeking planning permission for the extension – should I object?

    We have Architectural qualifications and will advise you on the Planning issues as well as the physical impact on your property. It may be best to discuss the concerns with your neighbour before objecting to the Planning Department, as you may find that the neighbour is willing to make changes to address your concerns. This can help avoid tensions rising between you and your neighbour.

    If that does not produce a satisfactory result or compromise, we can advise you of the grounds for an objection. 

11. My neighbour is building without Planning Permission. Is it Exempt?

    Certain building works are exempt from Planning Permission, including some extensions to houses. We can review and advise either party, but just because it is not exempt does not mean that the Planning Authority will refuse an application. We can advise to try and achieve a balance between the objectives of the property owner proposing an extension, and the concerns of the adjoining owner.

12. How much will it cost?

    The cost of advice will depend on what needs to be done. The first stage will be an inspection - an assessment cannot be done by verbal description of the circumstances. Often there are misunderstandings of the situation. Recently we inspected a property as the owner was concerned that his neighbour was using his wall as a new Party Wall. It immediatly became apparent that it was the neighbour's own wall, and following brief summary on site, our client was satisfied that a report did not have to be prepared. We were able to reduce our initial quote.