Party Wall Notice Loft Conversion

In today’s property surveying blogpost topic, we are going to be looking at party wall surveying procedures and the applicable scenarios that come with the Party Wall etc Act 1996 if a building owner is planning on undertaking a loft conversion.

If a building owner is planning on undertaking a loft conversion, and they live in a semi-detached or terraced property, then under the Party Wall etc Act 1996 they will have a legal duty and responsibility to go through the procedures as set out by the Act.

The Party Wall procedures are there in place to ensure that adjoining owner, who is the owner who neighbours the works, is afforded the legal rights of protection above and beyond common law.

Loft conversions will be dealt with under the Party Wall etc Act 1996 twofold.  Firstly, the removal of the building owner’s roof covering will be notifiable under the Party Wall etc Act 1996, as the building owner is effectively exposing the party wall. 

Secondly, the insertion of steel beams into the party wall, to support the new load and weight resulting from the new structural works, will also fall within the realm of the Party Wall etc Act 1996. 

The Party Wall procedures require the building owner to serve a Party Wall Notice upon the adjoining owner a minimum of two months in advance of the proposed works commencing on site. 

The Party Wall Notice service will give the adjoining owner the legal right to three Party Wall Notice response options;

Party Wall Notice Response Option 1 – Consenting to the Party Wall Notice

Consenting to the Party Wall Notice will mean that the adjoining owner gives the building owner the legal right to commence the works without any of the Party Wall procedures as set out by the Party Wall etc Act 1996 being followed.

In essence, this is the equivalent of the adjoining owner allowing the building owner to progress matters without further delay in any shape or form.

Party Wall Notice Response Option 2 – Dissenting to the Party Wall Notice and Appointing Their Own Party Wall Surveyor

The Party Wall Notice response option 2, gives the adjoining owner the legal right to dissent to the Party Wall Notice and appoint a Party Wall Surveyor to solely represent their interests and ensure that they are given the full protections that the Act affords them.

These protections will include, however are not limited to:

• Surveyor review of all the documentation including drawings and structural calculations
• The undertaking of a Schedule of Condition inspection and report which will legally benchmark the condition of the adjoining owner’s property in advance of the proposed works commencing.
• The agreement of a Party Wall Award which will give the adjoining owner the full legal protection that the Party Wall etc Act 1996 affords them.

Party Wall Notice Response Option 3 – Dissenting to the Party Wall Notice and Appointing an Agreed Party Wall Surveyor

This option and response is very much the same as the second Party Wall Notice response, albeit in this case rather than there being two different surveyors acting, one on behalf of the building owner and another on behalf of the adjoining owner, there will only be only one Party Wall Surveyor, known as an agreed surveyor, acting on behalf of both respective owners.

This agreed surveyor will undertake all of the same duties as the two surveyors would, the only difference being that that surveyor will deal with it solely and will impartially act on behalf of both of the respective owners.

Party Wall procedures are there in place to ensure that adjoining owners are given the full protection of the Act above and beyond common law, and ultimately to ensure that an impartial and arm’s length surveyor reviews the works from the perspective of the adjoining owner’s property. 

With works such as loft conversions, there is always going to be a level of risk associated with the works that fall within the scope of the Party Wall etc Act 1996. 

With any works directly to a party wall, there is always going to be a level of cutting in which is percussive in nature followed by the insertion of structural support, such as steel beams which will add structural load to the party wall.

These two elements can have a risk and knock-on effect of damage to an adjoining owner’s property, therefore it is pivotal that they are not only well considered, but the procedures as mentioned above are fully implemented to ensure that an adjoining owner is afforded the full protection that the law intends. 

Loft conversions are an incredibly common type of party wall work that Party Wall Surveyors in the land deal with, here at Stokemont over the years we have dealt with thousands of loft conversions for hundreds of different types of properties. 

If you are planning on undertaking a loft conversion to your property, or your neighbour is perhaps planning on undertaking a loft conversion to their property, and you would like the full protection of the Act on your side, get in touch with our experienced team of RICS Chartered Surveyors and Party Wall Surveyors today and we would be more than happy to assist you.

We are also very proud to offer 60 minutes free no-strings advice with one of our qualified and experienced Party Wall Surveyors, whereby you can have an impartial discussion, review documents and drawings, or deal with any other matters that you would like professional input on. 

There is no cost for the advice and it is part of the service that we offer here at Stokemont to all new callers and enquiries. Get in touch with us today and we would be more than happy to assist you.