Party wall agreement: can I split the cost of repairs to a shared wall with my next-door neighbour?

Question: A wall that I share with the neighbouring property owner is in a very poor state and needs to be repaired.

Must I pay for this myself or can I ask for a contribution from the bloke next door? He’s a bit tight-fisted by all accounts.

Answer: You should check your title deeds to see whether there is any indication of who is responsible for the maintenance of the wall.

In the absence of any answer there, it will be deemed to be a “party wall”.

As with most issues involving neighbours, it is sensible to discuss the matter with the adjoining owners in the first instance.

You may be able to agree quotes for the work, or get just one surveyor to advise you both.

However, if you cannot reach an agreement, the Party Wall Act 1996 provides a mechanism for giving you the authority to carry out most works you may wish to undertake.

The process begins by you serving a “party structure notice” on your neighbour, which sets out your proposed works.

Your neighbour can consent to this, but most likely if you are going down this route there is already some disagreement.

The Act provides for surveyors for each owner — and a third surveyor, should it prove necessary — to discuss the issues, determine what works should be done and how the costs will be divided.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Piers King, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE.

Questions cannot be answered individually, but we will try to feature them here.

Piers King is a solicitor in the property department of Streathers Solicitors LLP.