Tuesday 28 February 2012

The Party Wall Act and Loft Conversion


If you live in a terraced or semi-detached house and are thinking of having your loft converted then the works will almost certainly fall under the provisions of the Party Wall Act

Typically a loft conversion incorporates a dormer window to the side or rear of the property and a steel joist will need to be inserted to support the new floor and dormer window. The steel joist will span from the flank wall to the party wall in a semi or from the party wall to party wall in a terraced house. In order to fix the steelwork you will have to cut into the party wall, which you are allowed to do under the Party Wall Act, but it essential that relevant paperwork is served on your neighbour. The paperwork is known as party wall notices and if served and your neighbour refuses permission then you are still allowed to do the work but an agreement has to be drawn up by a Surveyor. The procedure is clearly laid out in the Party Wall Act

If your neighbour has already raised the party wall for his own dormer you are allowed to build on it under the terms of the Party Wall Act but again you must serve a notice. Similarly you are allowed, under the terms of the Act, to increase the height of the party wall but a notice must be served.

Should your neighbours insist on compensation for using the party wall then they are entitled to one which will be based upon the costs you have saved by using it. In this case the surveyor acting for you and the surveyor acting for your neighbour will agree an amount. Again this is covered in detail in the Party Wall Act You will however be responsible for paying the fees of both your surveyor and your neighbours. Obviously this is only the case when a neighbour objects and does not give permission happily – they cannot stop the conversion under the Party Wall Act but can insist on compensation. If you have applied for, and been given, the correct building regulation approval this may slow the conversion down slightly but it will still be allowed to go ahead.

The best advice to householders with party walls is to inform your neighbours well in advance and explain exactly what you are doing rather than just sending an official party wall notice. If you are fair and clear with them and re assure them that all building work will be completed in a professional manner with the least disruption possible they will probably be fine with granting permission – however by law you still need to serve the notice. Should they change their minds after work has started they can still appoint a surveyor (who you will have to pay for) to seek compensation.

If your loft is being converted by a specialist company, with years of experience, such as Econoloft they are able to deal with all permissions and paperwork on your behalf.
Party Wall Advice

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