Can your neighbour put a stop to your loft conversion?

Home 9 Hub 9 Can your neighbour put a stop to your loft conversion?

A huge opportunity to increase value to your home while giving you options on how to create the space you really need, is it possible that all this could hinge on how well you get on with your neighbours?

The truth is, yes, there are some cases where your neighbours can intervene in your plans, so what are they?

It depends on your property type

It’s unusual for you to need permission for your loft conversion with your neighbours – or planning permission from your council – but what you may need is a Party Wall Agreement. This comes into play when you have a property which is terraced or semi-detached – and therefore shares a wall.

Depending on what your project involves, your loft conversion may modify the wall which you share, through installing steelwork to support your loft’s new shape.

On the other hand, you may not need to cut into the wall at all, or make any structural changes. In this case, there’s nothing that your neighbour can do to stop you – as all the changes will take place in your property.

The aim of the Party Wall Act is to protect both you and your neighbour, providing a framework to prevent and resolve disputes.

How to get a Party Wall Notice

You can find the forms needed to serve the party wall notice here, which you can give to your neighbour yourself. The forms will also include a letter of acknowledge for your neighbour to complete and return. It may be that you would be more comfortable to make it less personal, so another option is to hire a party wall surveyor to serve the papers – this will come at an additional cost.

While it may be cheaper to serve the papers yourself, there are other reasons why it’s beneficial to entrust a professional with these as they will ensure:

that all people affected by your project are informed, such as the freeholder or leaseholder who has been present longer than a year.
all detail about your project and required structural calculations are included
you use the right forms
you give enough notice about your works to all those affected

How long do your neighbours have to respond?

Once you’ve served your papers, your neighbours have fourteen days to respond. The easiest scenario here is that you will receive consent under the proviso that that you put right any problems that occur along the way.

If neighbours reject your plans…

If your neighbour doesn’t respond to the papers or doesn’t give consent to your plans, then you will have to appoint a surveyor, who will draw up a Party Wall Award. If possible, you and your neighbour could appoint an Agreed Surveyor, otherwise you will each need to appoint a surveyor. The two surveyors will then appoint a third surveyor two call on if they can’t agree, or yourself or your neighbour can’t make the award.

How soon can your conversion start?

Once you’ve received written permission, or your award has been agreed, construction work can begin two months and one day after. If your project involves excavations, this can begin one month and one day after.

Additional things you can do to protect yourself

We would recommend that you take photos before any work starts, so you can refer to them should any disputes come up in future. Share these with your neighbour before you begin – you could ask them to do the same from their side. Alternatively, if you do appoint a party wall surveyor, they will assess the area and prepare documentation.