When considering a loft conversion it’s important to make sure that you have all the right permissions in place. While planning permission is typically only required in the larger loft conversions, any conversion that includes changes to an adjoining wall that you share with a neighbour needs a Party Wall Agreement.
Included here is a template for an appropriate Party Wall Agreement between yourselves and your neighbours. There are three parts:
- The Explanatory Notes – Details on using the templates and the parts you should fill in are included in these notes.
- The Party Wall Agreement Notice – A letter template for you to customise and send to your neighbour.
- Neighbour’s Agreement Letter – A second template for you to customise and provide to your neighbour for their response.
For more information about Party Wall Agreements, and how we can help ensure your loft conversion is a smooth and painless process, read our in-depth article.
Explanatory Notes
The two letters are templates and are designed for you to fill in to meet your needs. The [bold bracketed italics] of the letter templates should be replaced with the relevant text based on your specific information. Explanations as follows:
Adjoining Owner
This is the full name of the owner(s) of the neighbouring building. If you do not know it, simply write “The Owner”.
Adjoining Owner’s Correspondence Address –
If you know the owner’s main address (which may be different to the neighbouring property address), then use that here. If not, use the same address as the Adjoining Owner’s Building.
Date
This is the date your notice is posted or served and is typically today’s date. It is important to correctly date the letter to avoid any later issues.
Title
If known, give the full name(s) of the Adjoining Owner, otherwise write “Sir or Madam”.
Building Owner’s Building
This is the address of the premises where the work is proposed.
Adjoining Owner’s Building
The address of the relevant neighbouring premises adjacent to where the work is proposed.
Building Owner
This is the owner of the premises where the work is proposed – typically yourself. If the property has joint or multiple owners, then all names must be given.
Building Owner’s Correspondence Address
This is your main address for them to address the return correspondence and may be different to the Building Owner’s Building Address.
Description of the Works
Give full details of the works you propose to carry out that affect the party structure or the adjacent building.
A note on special foundations:
If special foundations are proposed (as defined in section 20 of the Act, under section 3(1)(b)) then there is a need for plans, sections and details of construction which you should include along with the notice.
Sections of both the notice letter and the neighbour’s response that reference special foundations can be deleted if not relevant.
You may wish to include drawings for your neighbour’s benefit even if special foundations are not proposed but this is not required, especially if the works are properly and fully described.
Date of Works
The notice period for Party Structure Notices is two months. With written permission from your neighbour you can begin earlier, but the proposed Date of Works should be provided here as no shorter than two months from the Date of the notice.
- Add “or thereafter” if you do not know exactly when the works will start.
- Add “or sooner with your written agreement” if you wish to start earlier and are asking for permission from your neighbour to do so.
Agreed Surveyor’s Details
It’s recommended that you give the name, address and telephone number of the person you propose to use as the agreed surveyor. However, there is no requirement to appoint surveyor(s) unless a dispute arises. If an agreed surveyor’s details are not provided the relevant sentence(s) may be deleted or you may wish to replace it with “Details of agreed surveyor to be advised if a dispute arises.”
Email Address
If you’re content to receive notices and documents required under the Act by email you will need to confirm your willingness to do so and provide details of your email address. Notices and documents required under the Act can only be sent by email if the recipient states agreement to this, and has not withdrawn that agreement.
If you do not wish to use email in this way, delete this entire final paragraph.
Building Owner’s Signature
It’s essential to sign the notice. All joint owners should sign unless one is authorised to sign for all joint owners. It is recommended you also print your name.
Party Wall Agreement Notice Letter
To [Adjoining Owner]
Of [Adjoining Owner’s Correspondence Address]
[Date]
Dear [Title]
The Party Wall etc Act 1996 Notice of proposed works under section 2 of the Act – Party Structure Notice.
As the owner/s of [Building Owners’ Building] that is adjacent to your premises at [Adjoining Owner’s Building] I/we, [Building Owner] of [Building Owner’s Correspondence Address], notify you that in accordance with our rights under section 2 of the Party Wall etc Act 1996 that I/we intend to carry out building works.
Further information regarding the Act can be found in the explanatory booklet available to download from: https://www.gov.uk/party-wall-etc-act-1996-guidance.
The proposed works are: [Description of the Works]. The proposed works do/do not involve special foundations.
I/we intend to start work on [Date of Works] date of works.
If you are content for the works to go ahead as proposed please complete as appropriate, sign, and return the attached letter of agreement within 14 days of receiving this letter. Please note that all joint owners should sign. Please also print your name(s) and date the letter.
If you do not confirm in writing that you are content for the work to go ahead as proposed we will be ‘in dispute’ under the Act.
In the event of any dispute between us under the Act, would you be willing to agree to the appointment of an ‘agreed surveyor’?
If so, I suggest using [Agreed Surveyor’s Details] but would be happy to receive your alternative proposal.
If not, please let me know whom you would appoint as your surveyor.
If you are willing to receive further notices and documents required under the Act from me/us by email from [Email Address] could you confirm your willingness to do so and provide details of your email address.
Yours sincerely,
[Building Owner’s Signature]
Adjoining Owner Agreement Letter
To [Building Owner]
Of [Building Owner’s Correspondence Address]
The Party Wall etc Act 1996 Acknowledgment of Party Structure Notice
As [Adjoining Owner] of [Adjoining Owner’s Building] and having received notice dated [Date] in respect of proposed works at [Building Owners’ Building] and without prejudice to any of my/our rights under the Act,
I am/We are content for the works set out in your notice to go ahead as proposed.
I/We give/withhold consent to the special foundations.
I/We [Adjoining Owner] am/are content/not content for you to start work on the date of [Date of Works]
I am/We are content/not content to receive further notices and documents required under the Act by email. My/Our email address is:
Yours sincerely,
Signed:
Date:
Print Name:
