Planning Permission is Only One Obstacle When Party Walls are Involved
If your construction project needs a party wall agreement, get it in place before you start work, even if planning permission is in place.
With the UK property market teetering on the brink, it is hardly surprising that many homeowners are choosing to improve and extend their existing properties instead of upsizing to a new home. This has led to a surge in new planning applications in local authorities across the country. However, getting planning permission from the council is only one of the hoops you will need to jump through before you get started on your new project.
Of course, few of us have the luxury of living in a detached property surrounded by empty land on which we can build an extension. If you live in a terraced or semi detached property, the chances are you will be building on or close to the boundary with your neighbour’s home, in which case party wall advice needs to be sought, in addition to gaining the necessary planning permission.
Party walls and planning
Party wall agreements fall under the Party Wall Act of 1996. This is categorised as private legislation and is completely separate from the planning application process. As such, it is possible that the local authority will grant planning permission, but that you still need a Party Wall Agreement before building work gets underway. Fail to put this in place, and it is possible that the work will be forced to come to a halt.
When do you need a Party Wall Agreement?
In short, any construction work that affects a party structure will require a Party Wall Agreement. This is written consent from the affected neighbour that they are happy for you to carry out the proposed work.
A “party structure” is a dividing wall or boundary between your properties. The most obvious example is the dividing wall between terraced or semi detached houses, but in the case of apartments, it could be an internal wall or even a floor or ceiling.
One of the most common examples in which a Party Wall Agreement is needed is if you are carrying out a loft conversion. This comes as a surprise to some homeowners, as the majority of loft conversions do not require planning permission. However, as we mentioned above, this is completely separate to the need for a Party Wall Agreement.
You might also need such an agreement if you are digging foundations for an extension that are either on or close to your neighbour’s property.
Keep it formal
The other area in which it is easy to slip up is in the form the Party Wall Agreement needs to take. Most of us are on good terms with our neighbours, so the idea of serving them with a notice of your intention and asking them for written consent might seem a little formal.
Naturally, it is a good idea to discuss your plans informally with the neighbours first, but even if they immediately give their verbal consent, these formal steps mustbe completed for the protection of both parties.
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