Party Wall
Aug 1, 2024
Navigating London's Party Wall Act 1996: When is a Party Wall Agreement Required?
Thinking about renovating your London home with a new extension or loft conversion ....
What Homeowners Need to Know about Party Wall Surveyors London
Thinking about renovating your London home with a new extension or loft conversion? Wait! Before you start knocking down walls or digging foundations, there's an important piece of legislation you need to wrap your head around: The Party Wall Etc Act 1996. It might just save you from legal proceedings with your neighbour!
What is a Party Wall?
A party wall is simply a wall that separates your home from your neighbour's. The Party Wall Act is a nifty bit of law that helps keep the peace between neighbours when one of them decides to do building work.
When is a Party Wall Agreement Required?
The Party Wall Etc Act 1996 covers three main types of work:
- Altering party structures (walls and floors between joined houses)
- Digging within 3 metres of your neighbour's foundations
- Building new walls right on the boundary line
If your planned work falls into any of these categories, you'll need to serve party wall notice on your neighbours.
Can Neighbour Refuse Party Wall Agreement?
No. When a neighbour receives party wall notice, they can either consent or dissent to the works. If there is a party wall dispute, you will need to appoint RICS party wall surveyors who will draw up a party wall agreement to decide how the works are to be carried out.
Different Types of Party Wall Survey Work Covered
We will break down the different types of work further:
- New Walls
If you are building a wall, the most common type is what's known as a 1(5) wall - built right up to the boundary line.
There's also the less common 1(2) wall, built astride the boundary. This one's a bit trickier and needs your neighbour's permission.
- Work on Existing Party Walls
This is where things get a bit more complicated. The Party Wall Etc Act `996 lists 14 different types of work, but most fall into a handful of categories. Here are the main ones for you to serve a party structure notice:
- Underpinning the wall (great for basement excavations)
- Repairing or rebuilding a dilapidated wall
- Cutting into the wall for beams or flashings
- Removing chimney breasts or structural walls
- Raising garden walls
- Excavations
If you're planning to dig within 3-6 metres of your neighbour's property and deeper than their foundations, you'll need to tell them by serving a party wall letter. Most London homes have pretty shallow foundations, so this applies to a lot of work.
Do you need a party wall gap between extensions?
The only time you do not need to leave a gap between extensions is if your neighbour consents to you building your wall astride the boundary or there is an existing wall straddling the legal boundary for you to connect to.
Otherwise, your new wall will need to be up to the legal boundary and away from your neighbour’s property. Make sure your gutters and fascias don't stick out beyond your own land or airspace as well.
Party Wall Process: A Step-by-Step Guide to Party Wall Agreement London
Let's walk through this process together:
- Serve Notice: first things first, you need to let your neighbours know about your plans. It's a bit like sending out party invitations, but less fun and more formal.
- Wait for a Response: your neighbours can either say "Proceed!" (consent) or "Wait!" (dissent). If they dissent, they might want to appoint a surveyor to look out for their interests. They have 14 days to respond, failing which you have to remind them with a 10-day notice and, if no response is forthcoming, they are deemed to have dissented and a surveyor needs to be appointed for them.
- Schedule of Condition: this is like taking before and after photos for a makeover advert. The surveyor will document the current state of your neighbour's property to prove no damage has occurred on their side after the works have been completed.
- Agree on the Party Wall Award: this isn't a trophy, unfortunately. It's a document that sets out how the work will be done and when.
- Get Served: once everyone's happy with the Award, it gets officially served on both parties.
- Final Inspection: after the work is done, the surveyor will pop round to check everything's shipshape.
Concluding Party Wall Disputes – Contact Us for Local Party Wall Surveyors London
Navigating the Party Wall Act might seem inconvenient, but it's there to protect both you and your neighbours. Plus, it's a great excuse to finally introduce yourself to the people next door - who knows, you might even end up having a real party when all the work is done!
If you're planning any work that might fall under the Party Wall Act, it's always best to read our Party Wall Surveyor service description before contacting us. We can arrange for you to have a surveyor to act for you in party wall and help you avoid any disputes. Contact us today for local party wall surveyors London and any clarification on the question, “When is a Party Wall Agreement required?”
