Adding a loft conversion can be an excellent way to create extra living space and increase your home’s value.
However, if you share walls with neighbours in a semi-detached or terraced house, you’ll need their consent first according to the Party Wall Act 1996. If you live in this type of property, obtaining planning permission is not strictly necessary, however, a party wall agreement is obligatory before undertaking a loft conversion.
This important document helps prevent disputes by regulating the process for construction works that affect adjoining properties that share structural foundations. The Party Wall Act 1996 regulates the legal process that must be followed including the timing and the rights and duties of all those involved (the Building Owners and Adjoining Owners). Adjoining Owners must be notified of the proposed work and give consent to their commencement.
As experienced chartered building surveyors in Surrey, Tim Greenwood & Associates can guide you through all types of party wall matters and disputes to get your loft conversion approved. Keep reading to learn more about party walls, your obligations, the agreement process, and how we can help.
What Counts as a Loft Conversion Party Wall?
A party wall is a shared boundary between two or more different property owners.
Whenever any construction work affecting the party wall or structure has the potential to damage the other owners’ properties, a Party Wall Agreement will need to be put in place first. In the case of a loft conversion, the shared structure is likely to be a shared wall or floor.
You’ll likely need a loft party wall agreement if your plans impact the shared structure through:
- Inserting load-bearing beams
- Cutting back projections off the party wall
- Adding a damp-proof course (DPC)
- Demolishing and rebuilding part of the wall
- Increasing wall height or thickness
- Removing a chimney breast
- Underpinning the wall
Click here if you need clarification on when you need to secure a party wall agreement.
Understanding Your Party Wall Obligations
The Party Wall Act requires Building Owners to notify Adjoining Owners at least two months before starting loft conversion building works that involve the party wall. This notice is formally called “serving party wall notice” and stays valid for one year.
Within 14 days of receiving notice, Adjoining Owners can either:
- Consent in writing;
- Dissent and appoint their surveyor, or;
- Do nothing.
Unless you have been sent an affirmative reply within 14 days of serving a party wall for loft conversion notice, you are considered to be in dispute. From that point, independent surveyors will be needed to formally produce a Party Wall Award to obtain consent.
This legal process ensures Adjoining Owners’ rights are protected if works could damage their property. However, navigating the jargon and procedures can be extremely confusing for homeowners without professional guidance, including the risks of serving invalid party wall notices.
How to Secure Party Wall Agreements
Appointing an experienced party wall surveyor early on is crucial for making the agreement process straightforward.
If adjoining owners dissent or don’t respond, our building surveyors will liaise with their appointed surveyor or act as an “Agreed Surveyor” between all parties to reach a fair agreement. We also provide highly-recommended Schedule of Condition reports which provide helpful pre-construction documentation and property status. This will be a useful reference point should a party wall dispute arise down the line.
With thorough technical understanding and strong communication skills, our team aims to secure consent quickly with the least inconvenience to neighbours. We have successfully represented clients in hundreds of party wall matters over many years in practice.
For specific advice and to find a free party wall agreement template for loft conversion – to help your understanding of what a document would look like – please get in touch with us.
Get Expert Party Wall Support
For any enquiries about loft conversions and party wall issues in Surrey, Sussex or London, please get in touch with our friendly, knowledgeable team who will be happy to put their substantial expertise at your disposal.
Contact us today on 01737 829 070 or use the contact page here to send us a short message.
