Is it a Party Wall or not?

[RichD1]

At the rear of my property there was originally a small loggia protruding about 1.5 metres and is a 9" solid brick wall built across the boundary. The same style of loggia was also on the adjoining property. Some time in the distant past the neighbouring owners built a further wall coming off their side of the party wall.

Is this extension on their side of the Party Wall still considered a Party Wall?

 

[freddiemercurystwin]

Photos and/or a plan please .....

 

[^woody^]

For the purposes of the 1996 PW Act, a party wall separates two enclosed rooms, loft or garage of neighbouring property. If the same wall extends past one of there rooms or areas then it's no longer a party wall

A party fence wall is a garden wall that sits astride a boundary, not on one side of it.

 

[RichD1]

This is a photo of the party wall. The section to the left is the original loggia which is a solid 9” wall across the boundary to each property. Then you can see a new wall which has been built out from the neighbouring properties side of the party wall.

 

[wessex101]

Are you asking if the new blockwork wall is a party wall?
It looks unlikely. You claim the "loggia" wall was built "across" the boundary which I will take as it is astride the boundary which would indeed make that a party wall. Even though the photo seems to show the loggia wall stepped in from the original flank wall which would suggest it is not astride the boundary.
However the blockwork wall is further stepped in from the face of the loggia wall so that surely cannot be astride the boundary and therefore is most likely not going to be a party wall.
A simple plan showing the walls in relation to the boundary would help to clarify.

 

[RichD1]

The original wall to the left is built astride the boundary and is a party wall. You can't see it in the photo but the top of the wall which slopes up to the back wall of the house has a 9" lead tray covering it.

Now when we moved into the house the brick and block wall you see in the photos was covered on our side with t&g over a stud frame. The frame was not attached to the neighbours wall and formed the side of a conservatory like extension across the rear of our property. Now we have decided to build an extension which is being built 200mm off the party wall we have removed the cladding and framework as shown in the photos. But we now discover that the PW Surveyor for us and the neighbours PW Surveyor have agreed between them that this is a Party Wall and have instructed us within the PWA to cover the exposed wall with a hidden gutter between their wall and our extension wall. BTW, both Surveyors never inspected our property.

Can I challenge the PWA as I believe and you have confirmed that this is not a Party Wall?

 

[wessex101]

This just gets more confusing, without knowing exactly where the boundary is in relation to those walls anything I say is pure speculation. From the photos there are 3 distinct lengths of wall, the red brick wall which appears to be a gable end, the more brown brick section which I assumed was the loggia with blockwork infill to a window and the newer blockwork wall. Which of those walls is built astride the boundary?
I suspect it is only the first red brick gable wall with the other 2 walls offset so they are not astride the boundary and therefore not a party wall.
The added complication is that if there was an extension built up against those walls even though the walls are not astride the boundary they could become party walls by enclosure. However this would require the adjoining extension to use the existing wall for support and enclose one side of the extension which I suspect it did not.
I would suggest that you go back to your surveyor and ask why they think it is a party wall. Was that flank wall visible when they drew up the party wall award? Is it possible that they do not realise that the 2 lengths of wall step in away from original red brick gable wall?

 

[RichD1]

The red brick wall to the left sits astride the boundary and is definitely the party wall. The next wall butts up against their side of this wall. The third block wall sits further in again. This wall was built further away from the boundary so as not to interfere with our boundary wall which sits wholly on our side of the boundary line. This is a new extension they built a few years back. We believe that they have built an inner skin to form a cavity wall into, so covering the original red brick wall and the newer brick and block section.

Not familiar with the definition of an enclosure.