If you’re planning an extension, a loft conversion or even taking out a chimney breast on a semi or terraced house, there’s a good chance the Party Wall Act will apply. It catches a lot of people out, so here’s a plain English guide to how it works.
What is a party wall?
A party wall is a wall you share with your neighbour. That could be the wall between two semi-detached or terraced houses, a garden wall that sits on the boundary line, or a wall that separates two buildings. A timber fence doesn’t count.
What work does the Party Wall Act cover?
- Building a new wall on or up to the boundary line
- Work to an existing party wall, such as cutting into it for a steel beam, building it higher or removing a chimney breast
- Digging foundations within 3 metres of a neighbour’s building where yours will go deeper than theirs
- Digging foundations within 6 metres where yours would cut below a 45 degree line drawn down from the bottom of theirs
Those last two catch out a lot of extensions, because the foundations for a rear extension are often close to the house next door.
Serving notice
Before work starts you have to give your neighbour written notice. Depending on the type of work, that’s either one or two months before you start. The notice should explain what you’re planning to do.
Your neighbour then has 14 days to reply in writing. They can agree, or they can disagree.
What if your neighbour doesn’t agree?
If your neighbour disagrees or doesn’t reply within 14 days, the Act’s dispute process kicks in. That doesn’t mean a falling out. It just means surveyors get involved. You can both use one agreed surveyor, or you can each appoint your own.
The surveyor or surveyors then draw up a party wall award. This sets out what work will be done, how and when, and usually records the condition of your neighbour’s property before work starts. You need either your neighbour’s written agreement or an award in place before the work begins.
Who pays?
In most cases the person having the work done pays the surveyors’ fees. It’s worth building that into your budget from day one.
It’s separate from planning
The Party Wall Act is completely separate from planning permission and building regulations. You can have planning approved and still need to sort out party wall matters, or the other way round. If you’re not sure about planning, read our guide on whether you need planning permission for an extension.
Our advice
- Talk to your neighbours early, before any letters land on their doormat
- Serve notice in good time so it doesn’t hold up your start date
- Take photos of shared walls before work begins
- If in doubt, speak to a party wall surveyor
When we design and build an extension, we’ll flag any party wall issues at the start so there are no surprises later.
If you’re planning a project in Chelmsford or anywhere in Essex, get in touch for a free site visit or call Mark on 07747 022565 or Garrat on 07783 549849.
This is a general guide for England and Wales, not legal advice. For your own project, speak to a party wall surveyor.