If your house touches another property, then the chances are you have a ‘party wall’ and will need your neighbour’s agreement for your loft conversion. The reasons are obvious; the work you are doing may affect their property if a shared wall is involved, so it’s only reasonable (and legally required) that you reach an agreement prior to relevant work commencing. This is called a ‘party wall agreement’ and is one of the key steps most homeowners will have to take to get sign off on their loft conversion/extension.
What does a party wall agreement show?
The party wall agreement is a written agreement based on a ‘party wall notice’ that details the works you are planning to do to your loft conversion, with specific emphasis on any construction that affects the shared party wall between your property and that of your neighbours.
Depending on the scale of your loft conversion, the party wall notice may also reference drawings or other documents that are relevant.
In the very least, it includes:
- Your name and address
- The proposal of works
- The date work is due to start
While most party wall agreements are completed without changes to the proposal, your neighbour may ask for some minor alterations. This could include, for example, a change in the timing to avoid clashing with their own plans.
Do I legally need a party wall agreement?
The Party Wall Act 1996 requires homeowners to notify adjoining property owners before carrying out works on shared or party walls. This means that if your loft conversion requires work done to a party wall, then yes, you do need a loft conversion party wall agreement.
There are many circumstances where a party wall agreement is not needed for your loft conversion. These include:
- When there is no party wall – simple though it sounds, if your house is detached then there’s no need to consider your neighbours when planning your loft conversion.
- When the work naturally doesn’t affect the party wall – if you are just adding Velux windows, for example, then the joining wall isn’t relevant to the plans.
- When work on the party wall can be avoided – it may be that you want to avoid the whole party wall agreement situation and plan accordingly. At London Lofts, we have creative solutions for loft conversions if obtaining a party wall agreement would be particularly difficult and can develop solutions for loft conversions without touching the party wall.
A party wall agreement is typically needed in the following standard situations:
- When the wall needs to be cut to use as a load bearing wall for a beam
- If any damp proof course is to be installed on the party wall
- If the wall requires structural work, for example underpinning or rebuilding
- To increase thickness or height of the party wall
- To remove a chimney breast in the party wall
What happens if you don’t have a party wall agreement? Can my neighbours stop the loft conversion?
Legal battles are not generally advised. If you don’t have a party wall agreement then you could find yourself in court with your neighbours, adding hefty costs for legal assistance that could easily have been avoided.
Each situation is different, and depending on the scale of your loft conversion, going ahead without the prior consent and agreement of your neighbours and a party wall agreement will have different ramifications. However, it is always advised that you ensure the correct agreements and paperwork is in place before beginning any loft conversion work.
In some cases, it could be that the legal proceedings from your neighbours force you to cease work and even undo work that has been undertaken.
What happens if my neighbour doesn’t agree to the party wall agreement?
Professional surveyors are able to settle any disagreement between you and unhelpful neighbours. In these cases, they will reach a decision and apply a Party Wall Award that defines the terms and scope of what can be done.
You can either use a single surveyor if your neighbour agrees, or you will appoint an independent one each. These two surveyors will work out the issues between themselves, working for their parties, and may appoint a third surveyor as a final judgement if an agreement cannot be reached.
You do have the right to appeal against any Award that is not in your favour.
Can I serve a party wall notice myself?
There is no need to involve a surveyor in many cases. There are standard letter templates available online that you can use to inform your neighbours yourself of your intentions, which should be clearly delivered along with a letter of acknowledgement for them to simply complete and return to you to indicate agreement.
Party wall surveyors will also undertake this process for a flat fee.
It is important that as a homeowner, you provide two months’ written notice on any building works which affect a party wall or boundary, or one month’s notice for excavations.
Once your notice has been served and agreed, you have up to a year to begin the work.
How much is a party wall agreement for a loft conversion?
Different surveyors will charge according to their own fee structure, but expect to spend around £1000 to obtain a party wall agreement through their services. This would include fees for their time (typically £100 to £150 per hour), drawing inspection (£100+), property inspection and preparation of the schedule of condition (£400+), and the final party wall agreement (£400+).
Also remember you’d need separate party wall agreements for each neighbour, so a terraced property with a party wall on either side could cost double.
What is the process once the party wall notice is served?
Your neighbours have 14 days to respond to your party wall notice. In most cases, they will agree in writing and work can continue, though they may also do nothing, or disagree.
If they do disagree, or the 14 days pass without written agreement, then it is considered a dispute and you should advise your surveyor to undertake proceedings towards a Party Wall Award on your behalf.
When the work goes ahead, it is advised to take plenty of photographic evidence throughout should any dispute arise at a later time. Not only does this provide a suitable record in case of future issues, it also offers some great memories to look back on!
In most cases, it’s plain sailing with the work going ahead and being completed without any incidents and happy neighbours throughout. Here at London Lofts, we deal with party wall agreements regularly and have experts available to help you throughout the process. We can help with drawing up a standard party loft notice and can also recommend good surveyors to you if professional help is required.
Contact us today to discuss your loft conversion and get further advice on any party wall agreement concerns.
