Do you need a party wall agreement for a loft conversion?
Planning a loft conversion? There are many things to be aware of, from party wall agreements to surveyor fees. This article will inform you of everything you need to know, and how our party wall surveyors in Kent and party wall surveyors in London can help.
Party wall considerations for loft conversions
A typical loft conversion incorporates a dormer (a projecting extension – usually with a flat roof) on the roof to the rear, or side of the house and the insertion of some structural steelwork to support both the new floor and the dormer.
Usually the steelwork spans from the flank wall to the party wall in a semi-detached house and from party wall to party wall in a terraced house. The work will usually require cutting pockets into the party wall, inserting a spreader plate or padstone and setting the steel beam in.
If you plan to do building works that may affect a party wall between you and a neighbour then the provisions of the Party Wall etc Act will usually apply. If you are planning a loft conversion, you will almost certainly need a party wall agreement if you live in a terraced or semi-detached house.
What is a party wall agreement and do I need one?
Take a look at our Party Wall FAQs for more information about what it is. Essentially, for a loft conversion, if you do not live in a detached property you will need party wall agreement.
We always recommend that you consult your neighbour before starting or planning works so that an official notice from a party wall surveyor does not come as too much of a shock. It is your responsibility, not the local authority’s, to serve the party wall notices and advise neighbours of any work.
Here’s our free party wall procedure flowchart to help you understand the process of obtaining agreement.
Can my neighbour stop me from doing a loft conversion?
Providing the correct notices are served and the procedure followed, your neighbour cannot use the party wall act to prevent you from doing your work. If your neighbours do not agree when you serve them a party wall notice, then a party wall agreement will need to be drawn up by surveyors. That said, you will still need planning approval in most cases and neighbours will have the right to object at that time.
What if my loft conversion will increase the height of a party wall?
The Party Wall etc Act allows party walls to be increased in height, so, if you are planning a dormer that is built on the party wall, a party wall or structure notice will also be required.
It may be that your neighbour has already raised the party wall for a dormer, in which case the act allows you to build on to it and use the walls as part of your structure. However, a party wall notice will also be needed for this circumstance. It’s important here to consider how to measure building height.
What if my neighbour is building against my existing loft conversion?
The Act allows for a compensation payment to be made to you for using the wall to reflect cost saving that they may have made. In this case, a party wall agreement or party wall award will be required and the two party wall surveyors will agree the amount of compensation you could receive based upon the area enclosed upon. The party wall surveyors will agree to a fair compensation figure that reflects the actual cost of building the wall.
What if my neighbouring building is apartments or flats?
If the neighbouring building is divided into flats, then you may need a party wall agreement with each of the affected flat owners and the freeholder. Each of these owners has the right to appoint their own surveyor.
Who pays the surveyor fees?
Unfortunately, not only do you have to pay your own surveyor’s fees, but you are also responsible for any fees your neighbour may incur. So, if it’s flats there could be a lot of fees to pay. If you can arrange for one surveyor to represent all of the flats or, even better, use an agreed surveyor who can act for both sides, you will save money.
Collier Stevens have a very competitive fixed fee scheme for acting as building owners surveyor for simple residential works of this nature. We will correctly serve the party wall and structure notices and deal with the neighbours and their surveyor on your behalf.
Alternatively, you may be able to save some money by serving your own notices – you can download for free from our site.
Got a query? Contact us, or complete our online form for a free no obligation quote.
Steven Way
Steven Way BSc MIHEEM MFPWS MRICS is the Practice Principal and is a Chartered Building Surveyor. With over 35 years as a practicing surveyor, Steve has a wealth of experience and expertise in both residential and commercial building surveying, party wall advice and disabled access auditing. He has also built his reputation as an expert witness.