Is this a party wall?

Bricks

Two flats in a house on the end of a terrace: one flat (flat A) is on the basement/ground floors; the other (flat is on the 1st/2nd floors.

The owners of the two flats jointly own the freehold for the whole house.

Does the bit of the wall coloured in red count as a party wall? (ie the end terrace wall, at 2nd floor level)

A party wall is defined as:

A wall forming part of only one building but which is on the boundary line between two (or more) properties.

It's not on the borderline of two freeholds, because it's the end of the terrace.

It's part of flat B, but not part of flat A, and isn't on the borderline between the two.

But is it part of flat B and also part of the freehold, and if so does that count as the borderline between two properties?

A wall which is common to two (or more) properties, this includes where someone built a wall and a neighbour subsequent built something butting up to it.

Nope

A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building.

Nope

Floors and ceilings of flats etc.

Nope, BUT as a subsidiary question, would the roof of flat B count as a party structure for the same reasons as the wall might?

Can anyone give me a definitive answer? The question is, would the leaseholder of flat B need to make an agreement with flat A before doing work to that side wall (supporting a load-bearing beam on it)?

Diagram here:

ht tp://img707.imageshack.us/img707/6613/29830129.jpg

(remove gap between ht and tp - sorry can't post link directly as I'm a new user

iamcornholio

A party walls or structure under the Act needs to be between two properties and have a shared or separating function of the two properties.

The roof and end gable wall of Flat B are not party structures.

Bricks

OK, thanks.

Do you know whether consent would be needed from the freeholder to do work to the roof/end wall?

(The freehold in this instance being owned jointly by the owners of flats A and

Or does it depend on the wording of the lease?

iamcornholio

It depends what work it is and how it will affect the structure. Generally, any external work will require consent, as will structural alterations

Bricks

It would be the removal of an internal wall which the roof bears onto - in terms of structure, extra load would be transferred onto the end gable wall.

iamcornholio

If a roof bears onto this wall, then removing it wont transfer loads to the external wall unless you design some elaborate cantilever solution

The loads will still be where the wall once was, so you need to design suitable support at that location.

As the wall is within your demised flat, then you may not need permission per se from the freeholder. But as you are transferring loads to other parts of the structure (which may impact on the flat below) then you may need the freeholders consent.

The consent can't be withheld unreasonably