Overview
Question: Can an owner convert a first-floor balcony, originally built against a party wall, into a room without paying section 11(11) expenses?
Section 11(11) expenses may apply where one owner makes use of a wall that was previously built at the sole expense of the other owner. The question is not simply whether the wall is now a party wall. The question is whether the later owner is making use of something paid for by the other owner in a way that triggers a fair contribution.
What section 11(11) is trying to achieve
Section 11(11) of the Party Wall etc. Act 1996 is intended to prevent one owner gaining the benefit of a wall built at another owner's expense without making a fair contribution.
If an adjoining owner later uses, encloses upon or otherwise benefits from a wall that was built by the building owner, they may be required to pay a due proportion of the expenses.
How this applies to a balcony conversion
Where a first-floor balcony was originally built against a party wall, and is later converted into an enclosed room, the later conversion may amount to making greater use of the wall.
That is particularly likely where the wall:
- was originally built at one owner's expense;
- now forms part of the enclosure of the new room;
- provides structural, weathering or enclosure benefits;
- is being used in a way that goes beyond the original balcony arrangement.
Why the facts matter
The correct answer will depend on the history of the wall, who paid for it, what use was originally made of it and what use is now being made of it. Clear records are important. Old awards, drawings, photographs and conveyancing documents may all assist.
Cases such as Gyle-Thompson v Wall Street Properties Ltd show why clarity over shared wall expenses matters. The principle is that a later owner should not obtain the benefit of another owner's wall without paying the contribution required by the Act.
Conclusion
Section 11(11) expenses are likely to apply if converting the balcony into a room involves making use of a wall built at the expense of the other owner. The issue should be reviewed carefully before works begin, because resolving it early is far cheaper than arguing about it later.