Should you bother with a Party Wall Agreement for your extension project
Unless you live in house surrounded by countryside you have probably considered or even turned a blind-eye to a ‘Party Wall Agreement’. It sounds like a headache but in some cases it is a legal requirement to have one. At MUSTARD we are interested in helping demystify the red tape around domestic extensions and as such this article provides a concise summary of whether of not you require a Party Wall Agreement for your extension project.
We have also included a link to a more in depth document if you require further information, but first, let’s cover the basics.
Why is a Party Wall Agreement even a thing?
The Party Wall Act 1996 was signed off by Queen Elisabeth II with the sole goal of preventing neighbouring disputes when carrying out construction work. The act made it a legal requirement for neighbours to agree what work was to be carried out, how it was to be done, who would pay for it and what would happen if it went wrong.
Lot’s of people see this agreement as a wast of time but I find it helpful to put myself in the neighbour's shoes. If my neighbour started demolishing, altering, undermining the shared wall in my house, I’d want to know about it!
What Is a Party Wall?
Obvious? It’s the wall between you and your neighbour right? Well actually theres is a little more to it. A Party Wall is a shared structure separating two or more properties. Examples are:
- Walls between semi-detached or terraced houses - know as a 'Party Wall'
- Shared floors or ceilings in flats - know as a 'Party Structure'
- Garden or boundary walls separating properties excluding fences and hedges - known as a 'Party Fence Wall'
When Do You Need a Party Wall Agreement?
You may need a Party Wall Agreement before:
- Building a new Party Wall on the boundary line or next to the boundary line
- Demolishing or altering an existing Party Wall
- Carrying out repairs to an existing Party Wall
- Carrying out building work within 6 meters of a Party Wall.
- Deep Excavation of soil for landscaping within 6 meters of a Party Wall
- Removal of large trees within 6 meter of a Party Wall
The first two are probably the ones you know about but the last 3 often catch people out. This article is focused on helping people build extensions therefore will focus on;
- Carrying out building work within 6 meters of a party wall.
I’m only building an extension, do I need a Party Wall Agreement?
The answer to this question depends on two things:
- How close you build to the property boundary
- How deep your foundations are
- How close you build to the boundary;
If you build a wall of your extension straddling the boundary line with your neighbour… Yes, you need a Party Wall Agreement and permission from your neighbour.
If you build a wall of your extension next to the boundary line in such a way that the wall is solely on your own land but the foundation straddles the boundary line… Yes, you need a Party Wall Agreement but you do not need permission from your neighbour.
If you build a wall of your extension within 3 meters of the boundary line in such a way that no part of the wall or foundation touch the boundary line… The requirement to have a Party Wall Agreement in place depends on the depth of your foundations.
2. How deep your foundations are;
If you build within 3 meters of your boundary and your foundations are deeper than your neighbours… Yes, you need a Party Wall Agreement and permission from your neighbour.
If your foundations are shallower than your neighbours… No, you do not need a Party Wall Agreement.
And lastly...
If you build more that 3 meters away but less than 6 meters away from your boundary, your foundations can be deeper than your neighbours. If they extend below the dashed 45 Degree line in this diagram... Yes, you do need a Party Wall Agreement, if they do not extend below the dashed 45 Degree line... No, you do not need a Party Wall Agreement.
Need additional information
The above explains when you need a party wall agreement for your extension and when you do not. If you think that you do require an agreement please download the full guide using the link below and speak with our Part Wall professional of the month.
Please use the links below to download our extended guide on the Party Wall Act and to visit our experts website. The guide includes:
- How to serve a Party Wall Notice
- Timescales for waiting for your neighbours comments
- When you can start building
- When you need your neighbours permission prior to starting
- What to do in cases of dispute
- Example paperwork
If you are not sure, we recommend that you speak to a specialist Party Wall Surveyor and ask them to oversee the process for you. The information provided in this article is not intended as legal advice but is intended to give you a simplified version of the Party wall Act in relation to domestic extensions. The intent of this article is to provide you with some starting knowledge to aid your discussions with a Party Wall expert.
Further advice and useful links, click below...
Got any other questions? Get in touch...
We are not Party Wall Specialists but we have a lot of knowledge and experience in understand when and why a Party Wall Agreement may be required on a domestic extension.
We are Architects who help UK homeowners navigate the over complex world of extensions. Send us a message with your query and we will schedule a free call to discuss.
Or... send us a DM on instagram, we are always happy to help!
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