Party Wall Agreement For Loft Conversion: A Detailed Guide

Do I need a party wall agreement for a loft conversion?

The need for a party wall agreement often applies to loft conversions and to other types of extensions. If your loft has adjoining properties, you must have a party wall agreement in place with your neighbours, according to the Party Wall Act 1996. Adjoining property owners have specific rights and must be notified under the Party Wall etc. Act 1996 before any work begins. The act always applies if you need to work on a shared wall or other shared structures.

This is very often the case for loft conversions and other extensions, because the party walls are usually the best option as load bearing walls. Loft conversions often affect party walls, making an agreement necessary to ensure all legal requirements are met. The reason is that party walls don't have openings like windows or doors, so they make for the most solid choice for a load bearing wall.

Certain types of work, especially those involving a loft conversion party wall, require party wall agreements. Party wall agreements must be in place with all the leaseholders and the freeholder of the adjoining properties.

What is a Party Wall?

A wall is a party wall if it stands astride the boundary of land belonging to two (or more) different owners. This definition often applies to adjoining houses like terraced or semi-detached houses. A wall is also considered a party wall if it is shared with other owners, as in the case of ceiling and floor of two properties, one below the other. A party structure includes any shared walls, floors, or boundaries between properties.

As a general rule, a wall is a party wall whenever damage to that wall, or structure in general, could damage other owners' properties. Modifications to a shared structure can impact neighbouring properties and may require formal agreements under the Party Wall Act 1996. For example, when excavation is required, the party wall can apply to properties that are up to a 6m distance from the place of excavation.

Such damage can affect a neighbour's property as well as the owner's, making it important to follow the correct legal procedures.

What is the Party Wall Act 1996?

The Party Wall Act etc 1996 provides a Building Owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights. The property owner must follow specific procedures under the Act to ensure compliance and avoid disputes.

All the details on party walls and if and when you need a party wall agreement can be found in the Party Wall etc. Act 1996. It is meant to prevent and resolve disputes between neighbours when works on adjoining properties are carried out by the owners. Party structure notices are formal documents required to inform neighbours about proposed works affecting shared structures, and are a key part of the notification process.

The Party Wall Act regulates the legal process to inform the affected parties about planned building works that affect shared structures, the timing, the form and the rights and duties of each party involved.

Under the Party Wall Act, building owners who intend to carry out building works involving existing party walls have to inform the adjoining owners about the work. A party structure notice must be served, and a written agreement or written permission must be obtained from the affected property owner before work can begin. A party wall agreement is the consent to the works given by the parties involved.

What is a Party Wall Agreement?

The party wall agreement is a written consent by neighbours on the building works you intend to carry out. Adjustments in the timing and manner of the works might be requested by the neighbours to reach the agreement.

The Party Wall Act prescribes that you inform your neighbours of the works you intend to carry out. This is done serving a party wall notice, that must include:

• Your own name and address
• The address of the building to be worked on
• A detailed description of what you propose to do, and you must provide details such as plans, drawings, and the scope of work
• When you propose to start

Example letters are available to help homeowners draft proper party wall notices.

You can produce and serve this document or you can use a party wall surveyor to represent you. Your neighbours can also appoint a surveyor. In general, you will need to meet all the costs for surveyors, including your neighbours'.

For loft conversions, the notice must be served at least 2 months before the planned start of the works.

Do I Need a Party Wall Agreement for a Loft Conversion?

When planning a loft conversion, you will need a party wall agreement if you are going to work on any element that belongs to one or more adjoining properties. Structural changes to shared walls, chimneys, or other elements during a loft conversion typically require a party wall agreement under the Party Wall Act 1996.

Work Requiring a Party Wall Agreement

If a dispute arises, each party may appoint their own surveyor, and there may be multiple surveyors involved in the process to ensure impartiality and resolve any disagreements.

Can I Do a Loft Conversion Without a Party Wall Agreement?

It is possible that you won't need a party wall agreement for a loft conversion. In general, you won't need it if the works are not going to involve a wall that is shared with an adjoining property.

An agreement is not needed if:

• The loft is being built on top of a stand alone or detached house
• The beam to support the loft conversion is placed over a purpose built column, instead of placing it inside the party wall

In the latter case, the beam is placed on two opposing walls that are not party walls, using purpose built columns for structural support. We used this solution for one of our projects, where the party wall process was particularly complicated.

However, if any part of the work would affect a shared wall, you will still need written permission from your neighbour before proceeding.

How Much Does a Party Wall Agreement Cost?

The cost of a party wall agreement for a loft conversion varies depending on how your neighbour responds and whether surveyors are needed.

Issuing a Party Wall Notice

As mentioned, you can create and serve the party wall notice yourself. You will need to include:

• Your own name and address
• The address of the building to be worked on
• A full description of what you propose to do, that might use plans and drawings
• When you propose to start

It is advisable you clearly state that the letter is a party wall notice, as this helps clarify party wall matters and ensures compliance with the Party Wall Act.

You may deliver the notice in person, send it by post, or send it by email. If you do not have the details of the owner, you can deliver it to the property and address it to "The owner of the property" at that address.

It is important to keep copies of all party wall matters, including notices and agreements, with your property deeds for future reference.

Party Wall Notice Checklist

Party Wall Agreement Template

Templates of party wall notices are available for free from many sources online. You can download our Party wall notice for loft conversions template.

To make the process smoother, it includes the positive acknowledgment response, to be sent together with the notice.

How Long in Advance Do I Need to Serve the Notice?

The term to serve the notice is at least two months before the starting date. The notice is only valid for a year, so it's better to serve it not too long before you wish to start.

Party Wall Agreement Timeline

Timeline Summary by Scenario

What Happens After I Serve the Notice?

Your neighbours have several options after they receive your party wall notice:

• Give consent in writing
• Refuse to consent to the works proposed
• Do nothing

If nothing happens after 14 days or your neighbour refuses, it is considered as a dispute happening—if a dispute arises, a party wall award is required and surveyors need to be appointed. Surveyor's fees are typically paid by the building owner and can be a significant part of the overall cost.

Neighbour Response Options

Approval

If your neighbour gives consent in writing, you can proceed with your planned works. It is advisable to assess the current status of the party wall on your neighbours' side, taking pictures as evidence. This helps in case disputes arise later, after the works have started.

You can do this yourself or appoint a surveyor to do so.

It is possible that your neighbours appoint a surveyor to assess the existing status.

Refusal

If your neighbour dissents or doesn't reply in 14 days, you will need to appoint a surveyor to draw up a Party Wall Award.

The best option is to have an Agreed Surveyor. Alternatively, you will appoint a surveyor each. The two appointed surveyors will select a third surveyor, who would be called in only if the two appointed surveyors cannot agree or either of the owners or either surveyor calls upon the third surveyor to make an award.

In all cases, the surveyors have the duty to resolve matters in a fair and practical way.

The Role of the Adjoining Owner

The adjoining owner is a key participant in the party wall agreement process for loft conversions. As the neighbour whose property shares a wall or structure with the building owner, the adjoining owner's main concern is to ensure that any building work—such as a loft conversion—does not negatively impact their property. The Party Wall Act 1996 is specifically designed to protect the interests of both parties involved, providing a fair and practical way to manage building works that affect shared walls.

When a party wall notice is served, the adjoining owner has a legal right to be informed about the proposed works. They are given 14 days to respond to the notice, during which they can either consent to the works, or dissent and appoint their own party wall surveyor. If the adjoining owner chooses to dissent, this triggers the need for a party wall award, which is a formal document prepared by party wall surveyors outlining how the work should proceed to protect both properties.

The adjoining owner's surveyor works alongside the building owner's surveyor to ensure that the party wall agreement is balanced and that any potential risks to the adjoining property are addressed. This may include recommending additional support, such as new steel beams or protective measures, to safeguard the shared wall during the loft conversion. Any requests or modifications made by the adjoining owner should be clearly detailed in the party wall agreement, ensuring that all parties are aware of their responsibilities and the agreed solutions.

How to Find a Party Wall Surveyor

You can find a party wall surveyor from the pages of the Faculty of Party Wall Surveyors.

Frequently Asked Questions