Loft Conversions and Party Walls: Understanding the Rules

If you’re in the planning phase of a loft conversion in a semi-detached or terraced house, it is highly likely that your plans will impact a party wall. Any structural work that affects this shared wall (or walls) will require specific permissions from your neighbour, on top of the standard planning permissions and regulations.

Why Do I Need Consent From My Neighbours?

Even if your proposed loft conversion falls within the boundaries of a ‘permitted development’, the Party Wall Act 1996 will come into play if you need to cut into a shared wall to install support beams for the conversion. Additionally, if the work involves any demolition of part of the wall - even if you plan to rebuild it - this will need to be agreed to. It is recommended that you discuss the proposed project with your neighbour as early in advance as possible, as you will need to agree to the terms of a Party Wall Award before any work can commence. Despite the fact that your neighbour cannot technically prevent you from going ahead with the project, getting them on board will nonetheless help the process to run more smoothly.

Giving Notice

Even if you have had a productive discussion with your neighbour about your prospective works and they have given you their verbal consent, you are still required to serve a formal Party Wall Notice, as stated under Section 3 of the Act. This notice must:

●     Be served to the legal owners of the affected adjoined property.

●     Be served at least two months before the intended start date (the notice is valid for up to a year).

●     Include information pertaining to the relevant parts of the Act, along with information regarding the proposed work.

●     Outline the adjoining owner’s right to raise objections to the terms of the work, appoint their own surveyor and take measures to protect their home whilst work is being carried out.

Party Wall Awards

If your neighbours fail to respond to the Party Wall Notice, or if they choose to dissent, you will need to come to an agreement about the proposed work in the form of a Party Wall Award. This will be drawn up by a jointly-appointed party wall surveyor or through the negotiation of separate surveyors that will represent either party.

The purpose of the Party Wall Award is to resolve any contentious disputes in a practical and fair way. It may cover the proposed plans for the work, acceptable working hours, access allowance and what steps can be taken to protect both buildings. The Party Wall Award will typically contain a Schedule of Condition, meaning that any damage that occurs during the works can be properly attributed.

How to Find a Party Wall Surveyor

If you’re seeking a reliable and experienced party wall surveyor who can take on a jointly-appointed case or work as a separate surveyor, look no further than Simon Levy Associates. Our team specialise in party wall matters and will be happy to assist you with any queries you may have about work being carried out on a shared wall. For more information, please get in touch.