If you are planning to carry out any work on your roof, such as repairing, replacing or altering it, you may wonder if you need to notify your neighbours under the Party Wall Act 1996.
The Party Wall Act is the legislation regulating the rights and obligations of property owners who share a common boundary, such as a wall, fence or floor. The Act aims to prevent and resolve disputes arising from building work affecting a party wall or structure.
In certain situations, the Party Wall Act may apply to roofs, depending on the work’s scope and the roof’s location. In this article, we will explain when the Party Wall Act applies to roofs, what you need to do to comply with it, and the potential consequences of not doing so.
When Does the Party Wall Act Apply To Roofs?
The Party Wall Act applies to roofs when:
1. The roof is part of a party wall or structure that separates two or more properties. For example, if you live in a terraced or semi-detached house and share a roof with your neighbour, the roof is considered a party structure covered by the Act.
2. The work on the roof involves cutting into, removing or rebuilding any part of the party wall or structure. For instance, if you want to install a skylight, a dormer window or a loft conversion on your roof, you may need to cut into some of the roof timbers that are part of the party structure.
3. The work on the roof affects the stability or support of the party wall or structure. For example, if you want to raise or lower the height of your roof, you may affect the load-bearing capacity of a shared party wall.
4. The work on the roof causes damage or inconvenience to your neighbour’s property or well-being. For instance, if your work on the roof emits much noise, dust, debris or water ingress to your neighbour’s property, you may be liable for compensation under the Act.
What Do You Need To Do To Comply With The Party Wall Act?
If the Party Wall Act applies to your work on the roof, you need to follow these steps:
Inform your neighbour about your proposed work in writing:
This is called a party wall notice, and it should include details such as your name, address, description of the work, and start and end dates and should be submitted at least two months before you break ground.
Obtain your neighbour’s consent in writing:
If your neighbour agrees to your work, they should signify their approval within 14 days of receiving your notice. You can then proceed with your project as planned. However, if your neighbour objects to your work, you will need to resolve the dispute through a party wall award.
Appoint a party wall surveyor:
When you and a neighbour reach an impasse on party wall structures, you’ll have to appoint the services of a party wall surveyor (or two if you and your neighbour cannot agree on one) to prepare a party wall award. This document outlines the terms and conditions of how the work would be carried out, such as work hours, access rights, safety measures and who bears responsibility in the event of any damage. The surveyor will also inspect the properties before and after the work to record their condition and identify any defects. Typically, the surveyor’s cost is shared between you and your neighbour. However, you’ll have to take sole responsibility if you alone are culpable for causing structural damage to shared party structures.
Commence your work in accordance with the party wall award:
You should inform your neighbour of any changes or delays in your work as they arise and communicate openly with them in the event of damages to minimise any skirmish.
What Are the Consequences Of Not Complying With The Party Wall Act?
If you fail to comply with the Party Wall Act when working on your roof, you may face the following consequences:
• Your neighbour can seek an injunction from the court to halt your project until you obtain a party wall award, causing significant delays and adding extra costs to your project.
• Your neighbour can sue you for any damage or accidents caused by work affecting an adjoining property, possibly resulting in expensive repairs or thousands of pounds in compensation claims.
• Suppose you cannot provide evidence of complying with the Party Wall Act. In that case, it can affect your property value and marketability, as you may find it difficult to sell or remortgage your property in the future.
NB: Do you intend to break ground on a roof project involving a party wall in Kingston Upon Thames, London? Simmons Taylor Hall is an esteemed party wall surveyor Kingston residents have trusted to quote and facilitate Party wall agreements since parliament passed the Act in 1996.
