Question – We own the freehold to the building with the flat directly below us – however we do not share a vertical wall with them.
Will we need a party wall agreement with them as well or only with the owners of the building we share a physical vertical wall with ?
Answer — It really depends on the location of the flat and I would ask that you send drawings (pending instruction / appointment) so that notices can be properly identified. Generally speaking if a flanking wall i.e. the side wall of a building is multi-storey, regardless of interpretation of the legislation, the wall will be affected by an increased load placed on the wall as a result of supporting a new loft conversion / roof conversion and therefore notice should be served. Regardless of engineers calculations, exposing any part of a party structure or wall is again notifiable under section 2(2)n of the Party Wall etc. Act 1996, a likely situation for the above and reveals a different parameter for consideration.