Planning to extend upwards? Here’s our guide to the Party Wall Act

If you live in a terrace or semi, a loft conversion will probably require a ‘party wall’ agreement with your immediate neighbours. This is because building work typically involves structural changes to shared walls, chimneys and roofs that could potentially damage adjoining properties. The Party Wall Act provides a way to resolve disputes and protects all parties.

What is the Party Wall Act 1996?

The Party Wall Act 1996 requires homeowners to notify adjoining property owners before carrying out works on shared or party walls.

So, there is no need to serve a notice on your neighbours simply to inform them you are planning a loft conversion, but you would if the work involves any structural changes to party walls, for example removing a chimney breast or cutting into the wall to insert new steel beams or underpinning the wall.

Any structural work which affects party walls require specific written permission from the owners of your neighbouring properties. If you live in a terrace, then consent will be needed from both sides.

Work like drilling into a party wall to put up shelves or install electric wiring and sockets is so minor it would not normally come under the Act. The key point is whether the work could have consequences for the strength and support of a shared structure. If you are in any doubt about whether your loft conversion requires a Party Wall Notice, seek advice from a qualified building professional, such as a surveyor or architect.

Serving a Party Wall Notice

If you are on good terms with your neighbours, it’s best to pop around and discuss your plans before you give notice in writing. If you can sort out any potential problems in advance, they are more likely to give their consent in response to the notice. 

Perhaps surprisingly, there is no official form for a Party Wall Notice. There are, however, example letters which are widely available on the internet to download free. The notice will need to include the following details to be valid:

• Your own name and address (joint owners must be named)
• The address of the building to have the loft converted which may be different to where you are currently living
• A full description of the proposed works. It is helpful to include plans and drawings to clearly show what is proposed.
• When you plan to start work. The notice should be dated

The notice must be served at least two months before work starts, so neighbouring owners have the chance to raise objections to safeguard their own homes. It can be delivered in person, sent by post or email (if your neighbour has provided an email address). You can serve the notice yourself or with the help of a building professional.

Be aware the notice must be served to the legal owners of neighbouring properties who may not be the occupants in a rental home. If you don’t know their names, you can send the notice to “the owner” adding the address of the property. The notice is only valid for a year, so don’t serve it too far in advance.

What happens next?

The property owner, also known as the adjoining owner, then has 14 days in which to respond to the Party Wall Notice. If they don’t respond within two weeks or refuse, an agreed surveyor has to be appointed (for whom you will have to foot the bill). It is usually wise for the adjoining owner to dissent and appoint an independent surveyor to draw up a Party Wall Award to safeguard their home.

The adjoining owner may issue a counter notice describing what additional work or modifications they would like to be carried out for their own benefit. They should let you know within the 14-day time frame if they wish to issue a counter-notice. You then have 14 days to respond. If you do nothing, a dispute is said to have occurred.

What if we cannot reach agreement?

If you can’t reach agreement with the adjoining owners, it’s recommended to appoint an independent surveyor to draw up an “award.” The surveyor must be agreed by both parties. The surveyor’s duty is to resolve any dispute in a fair and practical way. 

Alternatively, each owner can appoint their own surveyor to draw up an award together. A third surveyor may then be called in if they can’t reach agreement! Remember the homeowner building the loft conversion, will have to pay surveyor fees for all parties.

What is a Party Wall Award?

So, what does the surveyor (or surveyors) do?  They will settle the matter by making an “award.” This is a document which often contains:

• Brief description of the work to be carried out
• Specifies any additional work required, for example to prevent damage to neighbouring properties
• When the proposed work will be carried out to limit the days or hours when noisy work can be done
• A record of the condition of the adjoining property before work starts, so that any damage can be properly attributed and repairs made
• Allows the surveyor access to inspect the work as it may be necessary to see the loft conversion is being built in line with the award.

It’s recommended to keep a copy of the award with your property deeds when the loft conversion is finished. The award is final and binding unless it is overturned by a county court on appeal.

Find a Party Wall Surveyor

You are not allowed to act for yourself or use a surveyor who has already been involved in your loft conversion. You can find local experts on our "Find A Professional" page specifically able to deal to deal with Party Wall matters.. You can get in touch directly to compare prices and service. Ask for a breakdown of fees, such as the hourly rate and the number of hours being charged for.

Your neighbours can’t use the Party Wall Act to stop you from building your loft conversion providing the correct notice is served and procedures followed. In some cases, you may also need planning permission and your neighbours will have the opportunity to object then.