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Loft conversions and party wall agreements – what you need to know

Written by Posted On Friday, 20 December 2019 02:03
Loft conversions and party wall agreements – what you need to know

A loft conversion is an excellent way to make the most use of the space in your home and add value to your property. In most cases, you don’t even need planning permission, so what could possibly go wrong? Well, if you live in a terraced or semi-detached home, there’s the Party Wall Act 1996 to consider which, unless you comply with the legislation to the letter, has the potential to throw a spanner in the works. Before you even start thinking about building works, you should seek professional advice from an experienced party wall surveyor.

 

Why do you have to worry about party walls?

Let’s start at the beginning. A party wall is a wall shared by neighbouring properties. This will be one shared wall for semi-detached properties or for end-of-terrace properties, and two shared walls for mid-terraced homes. 

Any structural work you wish to carry out that affects these walls – such as a loft conversion – requires specific permissions from the owners of the neighbouring properties. What’s more, if the adjoining property has been divided into flats, then agreements may need to be reached with all affected owners. All of this is set out in detail in the Party Wall Act.

Specifically, the Party Wall Act applies to loft conversions in semi-detached or terraced houses if the work involves the insertion of supporting beams into a party wall. It also applies if the conversion requires.

  • Steels to support the floor and dormer, which typically run from one party wall to the other, both of which will have to be cut into to allow a steel beam and padstone to be set into it
  • The creation of dormer windows on the boundary line
  • Increasing the height of the party walls to accommodate a certain size of design of dormer window.
  • Work on the boundary line or the foundations within a stipulated distance of the neighbouring property

 

What does the law require you to do?

The legislation is designed to provide a practical framework for preventing and resolving disputes between neighbours in relation to party walls. It states that you must notify your neighbour(s) of the proposed works by providing them with Party Structure Notices, as specified under Section 3 of the Party Wall Act.

These Notices must be served in accordance with the Act. In essence, it’s a statutory requirement to inform your neighbours of your intentions and to give them the opportunity to consent, object or appoint their own surveyors before works can begin. Party Wall Notices must

  • Be served at least two months before the proposed start of the works
  • Be served to the legal owners of the adjoining properties
  • Give the adjoining owners the right to appoint their own surveyor
  • Give the adjoining owners the right and opportunity to safeguard their own home during your loft conversion works
  • Give the adjoining owners the opportunity to consent or raise objections to the proposed works
  • Include all the relevant information from the Party Wall Act, along with full details of the proposed works

 

What about a friendly chat with the neighbours?

While issuing formal Notices must be done to comply with the Party Wall Act, there’s nothing to say that you shouldn’t have an informal chat with the affected neighbours. In fact, it’s highly recommended that you exercise some basic common sense and take the time to talk through your loft conversion plans with them in the first instance.

Chances are that your neighbours are far more likely to give their official consent if you’ve made a point of sharing your plans and obtain their views first. Here are some ideas that might help smooth things along and maintain good neighbourly relations:

  • Speak to all neighbouring owners early on and explain the process to them, so they won’t be taken aback by a legal Notice popping through the letterbox.
  • Show them sketches or drawings of the proposed loft conversion and point out the affected walls.
  • Acknowledge any concerns promptly and assure them that you will bear the cost of the surveyor who can act for both the building owner and the adjoining owner. Of course, your neighbour has the right to appoint their own independent surveyor if they so choose.
  • Keep a positive dialogue going with your neighbours throughout the works, to reassure them that all is well.

 

When can work on your loft conversion start?

Party wall issues may sound complicated but they don’t have to be. Assuming the Notices are served correctly and your adjoining owners have given their written approval, the building work can start pretty much straight away.

In the unlikely event that any of the owners of adjoining properties fail to respond to the Notice within the statutory 14 day period, or haven’t given their express consent, the law assumes that they have dissented. This doesn’t mean that you cannot proceed with your loft conversion, but it does add another layer to the proceedings

An additional surveyor will have to be appointed to satisfy and safeguard the interests of the neighbouring owners before the legal go-ahead in the form of a Party Wall Award can be given. The Award will contain details that have been agreed by the surveyors involved, outlines the schedule of works, and covers aspects affecting your neighbours such as access rights and remedial works.

Finally, a failure to serve a Notice and starting building works without first having given Notice in the prescribed manner should not be entertained. You could be taken to court, and your loft extension works stopped through a court injunction.

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