Anyone contemplating a loft conversion especially in a semi-detached or terrace house is obliged under the terms of the The Party Wall Act 1996 to notify their adjoining neighbours. Before you do any work on a loft conversion that will impact on a wall that you share with a neighbour, you should find out if you need a party wall agreement. To make this easy SkyLofts have provided you with a guide of what you need to know below:
What Is A Party Wall?
Walls shared by adjacent properties are usually jointly owned by the two owners and are termed party walls. However, a party wall isn’t only the wall between two semi-detached properties, it can also be:
A wall forming part of only one building but which is on the boundary line between two (or more) properties.
A wall which is common to two (or more) properties, including where someone has built a wall and a neighbour has subsequently built something butting up to it;
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; the floors and ceilings of flats, apartments, and maisonettes.
Why Does A Party Wall Matter?
Both owners legally have rights to the whole wall, as both buildings rely on the same wall for structural support. So each side needs to know in advance if the other is planning to play around with it. Most loft conversions involve building new structural beams into shared party walls, so neighbours want to be reassured that the structural work will not damage their property.
What Work Can Be Done Without Notice Or Permission?
You don’t need to notify anyone if you are only doing small jobs, such as putting up shelves, pictures and wall units, plastering, or electrical rewiring, for example.
What Work Does Require A Party Wall Agreement?
The types of work covered by the Party Wall Act 1996 include: demolishing and/or rebuilding a party wall, increasing the height or thickness of a party wall; inserting a damp proof course; cutting into the party wall to take load bearing beams; underpinning a party wall.
When Do I Need To Give Notice?
If you think that any work you are proposing might have an effect upon the structural strength or support function of the party wall, or might cause damage to the neighbouring side of the wall, notification must be made by serving your neighbour a formal ‘party structure notice’ at least two months before doing any work to the existing party wall. If in doubt, advice should be sought from a local Building Control Office or professional surveyor/architect – When choosing SkyLofts we do this all for you.
Should I Talk To My Neighbour First?
It would be advisable to discuss your plans with your neighbour first. You may find that they have no objections, or would go halves with you on the work because they consider the job needs doing, too. Even if they are not 100% supportive of your decision they will no doubt appreciate being asked for their opinion. Regardless of whether they agree to the work being undertaken, and if the planned work to an existing structure falls under the Party Wall Act, formal notice must be served.
What Does The Formal Notice Cover?
The formal notice document will include: the name of the owners of the property where the work is being undertaken and their address; the owner’s names of the adjoining property; a description of the proposed work; a proposed start date for the work; a statement that the notice is being served under The Party Wall etc Act 1996; and the date the notice is being served.
When Should Notice Be Served?
The person applying for the notice and who is intending to carry out the work must serve a written notice on the owners of the adjoining property at least two months before the intended start of the work.
How Long Does The Recipient Have To Respond?
The neighbouring party should respond in writing within 14 days of receiving the notice whether they give their consent or if they are registering dissent (not giving their consent). If a neighbouring party does nothing within 14 days of receiving the notice, the effect is to put the notice into dispute.
What Happens If There’s A Dispute?
Firstly, no work may commence until all neighbouring parties have agreed in writing to the notice. If the original notice is disputed, a revised notice can be issued subject to mutually agreed changes being made. If an agreement can’t be reached, a surveyor is appointed to determine a fair and impartial award. Once an award has been made, all parties have 14 days to appeal to a County Court against the Award.
When Can Work Commence?
Work can begin once an agreement has been reached, the notice has been accepted and permission granted. Of course, all work undertaken must comply with the notice. All the agreements should be retained to ensure that a record of the granted permission is kept.
What Doesn’t A Party Wall Agreement Cover?
The Party Wall Act 1996 does not affect any requirement for Planning Permission or Building Regulation Approval for any work undertaken. Likewise, having Planning Permission and/or Building Regulation Approval does not negate the requirements under the Party Wall Act.
To further understand party wall agreements when undertaking a loft conversion in the Surrey, Hampshire and South West London area please contact SkyLofts on 01252 500872 , email info@skylofts.co.uk or go to our contact page.