Planning a rear extension often involves work close to, or directly against, a neighbouring property. Depending on the construction proposed, the Party Wall etc. Act 1996 may apply.
When might a Party Wall Notice be required?
A rear extension may involve one or more types of work covered by the Act, including:
- Building on or at the boundary under Section 1.
- Building onto or altering a party wall or party structure under Section 2.
- Excavating close to a neighbouring building under Section 6.
The fact that an extension is shown on approved planning drawings does not determine whether Party Wall procedures are required. Planning permission and the Party Wall etc. Act 1996 are separate matters.
What if the extension is entirely within my land?
This does not necessarily mean that the Act is irrelevant.
For example, excavation for foundations may fall within Section 6 where it is sufficiently close to a neighbouring owner’s building and reaches the relevant depth.
Similarly, if the proposed construction involves a party wall or building directly up to the boundary, Section 1 or Section 2 may be relevant depending on the circumstances.
What should I do before starting?
The proposed construction should be reviewed against the requirements of the Act before works commence.
This will normally involve considering the site, title information, proposed drawings and the relationship between the proposed works and neighbouring properties.
Where notice is required, it should be served before the relevant works begin. Starting work without following the applicable procedures can create avoidable problems later.
Stokemont’s advice
Do not assume that planning permission or building control approval means that Party Wall procedures have been dealt with.
If your rear extension involves excavation, work at the boundary or alterations to a party wall, obtain advice before construction starts.
