Thank you for clicking on today’s Property Surveying blog post. In this week’s informative Property Surveying post, we are going to be taking a look at party wall surveying procedures.
In particular, we are going to be taking a look at scenarios that arise under the Party Wall etc. Act 1996 when a building owner plans to undertake a loft conversion.
Loft conversions are one of the most common types of party wall surveying work that our team of experienced and qualified party wall surveyors undertake here at Stokemont on a daily basis. Loft works have the unparalleled benefit of significantly adding usable floor space to properties, in many cases allowing for a new master bedroom with en-suite, bedroom with office, or bedroom with walk-in wardrobe.
Loft conversions are also a relatively straightforward undertaking with the majority of contractors being able to complete the work in a straightforward and relatively prompt basis. For this reason, loft conversions tend to be one of the highest rates of residential and domestic work that we see the general public undertake.
When a loft conversion is being undertaken, the aim will be to maximise floor space, while also ensuring that the overall design is built in such a manner that is easy to facilitate on site and cost effective.
For the majority of properties throughout England and Wales, especially if they are semi-detached or terraced, they are going to share some degree of party wall at roof level.
This is what is known as a party parapet wall. A party parapet wall is the wall which protrudes beyond the roof line and ridge and usually interacts with the shared or jointly owned chimney stack.
The best way to ensure that the overall size of the proposed loft extension is as large as it can be, is to raise the party parapet wall, usually in matching brickwork, thereby allowing for an easy solution on site, that significantly increases the overall size of the planned loft space.
A typical question that we find ourselves asked here at Stokemont when a building owner is planning on undertaking a loft conversion, is whether the Party Wall Act allows them to raise the parapet wall.
We can confirm definitively, that under Section 2(2)(A), a building owner does indeed have the legal right to raise a party wall, and in particular party parapet wall at roof level.
The specific wording of the Party Wall etc. Act 1996 is as follows:
to underpin, thicken or raise a party structure, a party fence wall, or an external wall which belongs to the building owner and is built against a party structure or party fence wall;
What this effectively means, is that so long as the building owner goes through the necessary party wall procedures, including:
- The service of Party Wall Notices.
- The agreement of a Schedule of Condition report.
- The agreement and service of a Party Wall Award
Then they would have met the legal requirement as set out by the Party Wall Act and will have the legal right to undertake their proposed works subject to other statutory consents.
Statutory consents are far and wide, however generally speaking will include:
- Planning permissions
- Permitted development
- Access licences
- Licence for alteration procedures
- Party wall surveying procedures
- Scaffolding licences.
Another typical question that we are asked here at Stokemont, is if the party parapet wall has already been raised, whether the building owner has the legal right to build off or against the raised parapet. The raised parapet often forming the flank of the neighbouring dormer cheek.
The way to look at this, is if the raised section of the wall, while having been built by one owner at some point in the past, is none the less a shared wall mutually located equi-distance on each property.
The building owner will therefore have the legal right to build off this in order to facilitate their proposed loft extension.
However, in doing this they will need to ensure that the neighbour who undertook the extension at some point in the past is reimbursed for the cost of the wall that had been previously raised.
This is formally dealt with under Section 11.11 of the Party Wall etc. Act 1996 as follows:
Where use is subsequently made by the adjoining owner of work carried out solely at the expense of the building owner the adjoining owner shall pay a due proportion of the expenses incurred by the building owner in carrying out that work; and for this purpose he shall be taken to have incurred expenses calculated by reference to what the cost of the work would be if it were carried out at the time when that subsequent use is made.
In a nutshell, so long as the building owner undertaking the loft conversion pays the adjoining owner an arm’s length and reasonable sum of money for the construction of half of the raised party parapet wall at the time of their construction, then they will have the legal right to use it as part of their proposals.
This will lead to the scenario within the photograph that we have included as part of this blog post. This is where owners have at different times each equally raised a party parapet wall with the other then building off it to form part of their dormer cheek.
Another scenario, arises when a building owner raises half the thickness of the party parapet wall, usually in timber, with tiles then hung off the dormer cheek.
While a building owner does have the legal right to raise half the thickness of the party wall, it can pose issues further down the line for the adjoining owner when they come to undertake their own extension and as such a general rule of thumb, especially within the party wall surveying circuit and profession is that if a party wall is going to be raised, it will need to be raised in the same material that it is currently built in, which is most conventionally brickwork.
Party wall procedures can quickly become confusing, owed to the fact that the Party Wall etc. Act 1996 is a perfect blend between both legal understanding and construction understanding. Here at Stokemont we pride ourselves on our experience and understanding, and over the years have had the opportunity to work on some incredibly complex and interesting party wall surveying projects.
If you would like to discuss your party wall surveying procedures with our team of qualified and experienced building surveyors and party wall surveyors, please feel free to give us a call today and we would be more than happy to assist and advise you.
