Guide to a Loft Extension

A Party Wall for the purposes of a ‘Loft Extension’ is a wall that separates two or more buildings. This could be a wall that adjoins properties such as terraced or semi-detached houses or ceilings and floors in apartment buildings. As a rule of thumb, any building works being carried out that has the potential to cause damage to an adjoining neighbour’s property is for all intents and purposes, a Party Wall to which the provisions of the Party Wall Etc. 1996 apply.

The Party Wall Etc. 1996, makes provision for building works about party walls, excavations and construction that is being carried out in the vicinity of certain buildings or structures in England and Wales. The purpose of the Act is to enable a building owner to exercise the right to carry out certain building works on their property whilst at the same time protecting any neighbouring property that may be affected by the building works being carried out. The effect such works may have on an adjoining neighbour includes, but is not limited to, inconvenience to the neighbouring party, for example installing scaffolding on a neighbouring party’s land to build a ‘Loft Extension’ causing an inconvenience that may warrant compensation, or, causing damage to the building whilst the ‘Loft Extension’ works are being carried out.

There are three key functions the Act provides for, the first is to ensure that any building owner who proposes to carry out a ‘Loft Extension’ does not start any of the works without first notifying all adjoining neighbours that may be affected by the works, by way of a Party Wall Notice. The second function is to ensure that an agreement confirming how the works to the ‘Loft Extension’ are to be carried out, in other words, consent in writing must be gained before any works can commence. This can be accomplished by way of the building owner and adjoining owner reaching an agreement between themselves or through the appointment of a Party Wall Surveyor, who will draw up and agree on the Party Wall Award. The third function is to compensate any party that has incurred any form of damage or inconvenience.

By its very nature a ‘Loft Extension’ will involve some form of intervention with the structural frame of a building. Therefore, under section 3 of the Act a ‘Party Structure Notice’ must be served by the building owner who proposes to carry out a ‘Loft Extension’ on any adjoining ‘owner’ whose property may be affected by the proposed works.  A building owner may draw up the Party Structure Notice in accordance with the requirements laid out under section 3 of the Act. Alternatively, the building owner may wish to appoint a Party Wall Surveyor to carry out the building owner’s mandatory obligations under the Act.  A Party Structure Notice must be served on any adjoining owner who may be affected by the proposed installation of a ‘Loft Extension’ at least two months before the date on which the proposed works will begin. A building owner should be aware that any works that have not commenced within 12 months of the day the Party Structure Notice is served will cause the Party Structure Notice to cease to have an effect. In other words, the works cannot commence without carrying out all of the procedures pertaining to an adjoining owner’s consent to install the ‘Loft Extension’.

After receiving a Party Structure Notice an adjoining owner has three options all of which must be responded to in writing within one month of the date the Party Structure Notice was served. An adjoining owner can consent to the proposed ‘Loft Extension’, dissent to the ‘Loft Extension’ being built and appoint their own Surveyor to act on their behalf, or dissent to the ‘Loft Extension’ being built and appoint the Building Owners Surveyor as the Agreed Surveyor, this Surveyor will then act impartially on behalf of both parties and agree a Party Wall Award. The works will then be allowed to commence. If the adjoining owner refuses to consent to the ‘Loft Extension’ being built or fails to respond within one month, under the provisions of the Act a dispute will be deemed to have automatically arisen and under section 10, the building owner has a duty to appoint a Party Wall Surveyor to adjudicate the matters in disagreement. An adjoining owner also has the option to appoint their own Party Wall Surveyor, the costs of which will be borne by the building owner. Once consent to carry out the proposed ‘Loft Extension’ has been obtained, a building owner may commence with the proposed installation works.

A Party Wall Surveyor is an impartial advisor who is appointed under section 10 of the Party Wall Etc. Act 1996, to determine disputes in accordance with the procedures set out in the Act. Thus, a credible Party Wall Surveyor is usually professionally qualified and accredited by a regulatory body such as RICS or the CIOB. There are several roles that are undertaken by a Party Wall Surveyor appointed to oversee a Loft Extension, these include, but are not limited to; drawing up and ensuring effective service of a Party Structure Notice; carrying out inspections of both a building and adjoining owner’s property; drawing up a schedule of condition report that have been determined from the inspections; resolving disputes that may arise between the parties by drawing up a Party Wall Agreement or Party Wall Award in response to a Party wall Notice. The Award will incorporate protective measures for all parties to the Award. In some cases, the Party Wall Surveyor or Surveyors may appoint ‘Checking Engineers’ to require funds held on account or request the installation of movement monitoring.

A Party Wall Award, sometimes referred to as a Party Wall Agreement, is a statutory document drawn up by a surveyor that stipulates certain terms and conditions that a building owner or adjoining owner must abide by in order for works Under the Party Wall etc. Act 1996, to be carried out.

A Party Wall Award is, under section 10 of the Act, a mandatory requirement for parties that are considered under the Act to have fallen into a ‘dispute’. It is intended to be a form of ‘Dispute Resolution’, thus, a mechanism that includes precautionary measures and protections against disputes that have arisen, so that an adjoining owner remains protected, and a building owner may commence with their right to carry out any works under the Act.

The Award is usually compiled in three sections, these encompass; the Award itself contains a description of the permissible works; a Schedule of Conditions which usually contains a written report with accompanying photographic evidence of the pre-work condition of the properties that may be affected by the works, and; Drawings together with any additional information, i.e. Structural Calculations.

In Icon Surveyor’s experience, A Party Wall Award is often called for when consent is being sought from an adjoining owner for a proposed installation of a ‘Loft Extension’. This is because such works usually involve some form of inconvenience to an adjoining owner who wishes to be fully protected against both the inconvenience that is likely to be caused and any potential damage to the adjoining property that may arise due to the works being carried out.

The installation of a ‘Loft Extension’ can be more complex than initially envisaged. If you find yourself with unanswered questions, we are here to help!

Here at Icon Surveyors, we provide a 30-minute free consultation to any owners who may be affected by the Party Wall Act. We work throughout the UK specialising in all matters relating to the Party Wall Etc. Act 1996.