Party wall, mid terrace houses and gable end.

[Nathe]

Hi all, quick question re party wall act. There are two mid terraced houses on a slope, as in the pic, House 1 stepped below House 2. They share a wall to the apex of House 1.

The question is, when repairs are required to the gable end of House 2, sitting of course ‘on top/being part of’ the shared party wall, who is/are responsible for the repairs? House 1, House 2 or both? Thanks in advance for any advice/comment.

 

[Cubist]

The lawyers and insurers may disagree with me on this but... liability for repairs to the wall above the roof line should reside with both the respective owners because they would both benefit through the elimination of a risk of potential future damage or the elimination of ongoing damage resulting from an extant weakness in the masonry. For instance, rainwater penetration via failed mortar joints could result in observable and obvious damp issues in House 1 but only the threat of this in House 2.

 

[Nathe]

Thanks for your reply Cubist, interesting take and Interesting you should say that as House 1 is fine but House 2 is suffering water penetration and some of the gable end render has fallen off. I have looked at the party wall act, the situation is similar to what is described as Type B.

 

[Cubist]

I've no idea what the PW Act has to say but to me it's basic common sense - albeit that that can prove very uncommon when it comes to lawyers and insurance companies to cite but a few. Failed render in that location could lead to damp in either or both houses but if it were only evident in House 2 then I would suggest it better to positively discount leaks from the roof itself together with the gutters and other rain-ware goods before making an absolute judgement.

 

[alexander]

think you will find that house two is responsible for all the wall above house ones roof line, then both party's become responsible for the wall below the below roof line as far as structural matters are concerned, but it would be beneficial to both party's to share any repairs & costs. a dampness getting in through the wall above the roof line would likely effect house one more than house two as the exterior section of the wall on house two will be the interior wall of house one, but we do not live in an ideal world & have come across many people who will not carryout repairs effecting there neighbours property because its not effecting there's good luck