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  • Do you need a Party Wall Agreement?

    Party wall shared between London Townhouses Understanding the Party Wall Act: Everything you need to know as a homeowner When planning a home renovation or extension , one essential legal requirement  that is often overlooked is the Party Wall etc. Act 1996 . This UK legislation aims to prevent disputes between neighbours  when construction affects shared walls or boundaries. Here’s everything you need to know about the Party Wall Act and how to navigate it smoothly. Frequently Asked Questions: What is a Party Wall? A party wall is a wall shared by two properties along their boundary. Both owners have joint ownership of the wall. The Act applies to: Walls that stand on the land of two adjoining owners e.g dividing walls in terrace and semi- detached houses Walls that are wholly on one owner's land but are used by two or more properties e.g walls that separate flats in a converted house Garden walls that sit on the boundary between two properties (excluding wooden fences) Floors and walls between flats e.g internal party structures in multi-storey buildings Excavations close to a neighbours building, even if the work doesn't directly touch the party wall. Do you need a party Wall Agreement? You will need to obtain a Party Wall Agreement if you intend to carry out any of the following work on or near a party wall: Carrying out structural work on a party wall. For example: Removing a chimney breast shared with a neighbour. Inserting steel beams into the party wall. Changing the thickness, height, or alignment of the wall. Constructing a new extension wall or garden wall alongside or on the boundary line. Carrying out any work that could affect the stability or appearance of a party wall. Excavating within 3-6m of a neighbours foundation (depth dependent). What information should the Party Wall agreement include? Your name and address A clear description of the planned work The date the work is set to begin, this must be at least: 2 months in advance for party wall work. 1 month in advance for excavation work, or; in some cases sooner with valid reason and written agreement from the adjoining owner. Copies of plans and drawings (if applicable) This notice can be served personally or via post, but it is always recommended to get written proof of delivery. What is the Party Wall Agreement process? Serve a party wall notice Firstly, the property owner should serve a party wall agreement to all relevant adjoining owners, 2 months prior to the building work commencing. Failure to serve a party wall notice when required can lead to disputes and potential legal consequences. If your neighbour agrees, you can proceed. If they dissent or don't respond, a Party Wall Surveyor must be appointed to settle the matter fairly. Wait for a response from your neighbour Once the notice has been served, your neighbour has 14days to respond. If they consent - you can proceed with the work as planned. If they disagree or fail to respond - You are technically 'In dispute' and a party wall surveyor must be appointed to create a legally binding Party Wall Award. The neighbour may request certain conditions be met before they consent. Appointing a Party Wall Surveyors If your neighbour objects or doesn't respond within 14 days, both parties must appoint a Party Wall Surveyor. You can either: Both agree and both appoint a single surveyor, who will then act impartially, or You will each need to appoint your own party wall surveyor. The two surveyors will then work together to create a Party Wall Award. The Party Wall Award A Party Wall Award is a legally bunding document prepared by the surveyor. This document will: Outline the scope of work allowed Specifies precautionary measures to protect both properties Determines who is responsible for damages or repairs May require a schedule of condition report, documenting the state of the neighbouring property before work begins. Work Begins - Compliance and Ongoing Monitoring Once the Party Wall Award is finalised you are then able to proceed with your work. Although, you must adhere to the conditions set out in the Party Wall Award. What Happens if you ignore the Party Wall Act? Due to the Party Wall Act being a legally binding document, it is essential that you do not ignore the act. The following consequences can occur of you chose to ignore the Act: Your neighbour can file for an injunction - this can halt your construction work. You can face legal action and fines - if your neighbours property gets damaged, you would be liable for all repair costs and any legal fees that may arise. Your project could face significant delays. You may struggle to sell your home. Who Pays for the Surveyor? In most cases, he person carrying out the work pays for the surveyor. However, if the work is required due to damage from your neighbour's negligence, they may be responsible for the costs. Our Top Tips for a Smooth Process Talk to your neighbour first - try to resolve any concerns without formal disputes. Plan ahead - make sure to factor in the the notice period and surveyor costs into your project timeline and budget. Keep written records - document all agreements, notices and reports Always comply the with Award to avoid legal trouble. Need Expert Advice? Navigating the Party Wall Act can be complex, but with the right guidance, it doesn’t have to be stressful. At Blue Lava Architecture , we can help ensure your project meets all legal requirements while keeping good relationships with your neighbours. 💡 Need help with your project?   Contact us today for expert guidance on planning, design, and compliance!

  • Do you need planning permission to enlarge your home?

    When you are extending your home, you will usually need planning permission from the local planning authority prior to starting your build. However, in some cases, this is not always necessary. Depending on your proposed works, your extension may fall under permitted development (PD), a piece of planning legislation which allows certain enlargements and improvements such as internal alterations, changes to windows and doors, loft conversions & extensions, subject to meeting certain criteria. In fact, PD rights offer a wide scope of opportunity to alter and extend your property; In some cases it's even possible to achieve more under PD than through full planning. Below is a list of what you may be able to achieve without planning, through Permitted Development... Class A: Alternations to the House: Rear extensions Single storey PD - up to 3m for semi-detached and 4m for a detached house PD "larger home extension - single storey ONLY up to 6m or semi-detached or 8m for a detached house" Two storey PD - up to 3m, provided that: it projects out from the rear wall of the original house only it does not project out from a side wall it is no deeper than 3m it is within 7m from the rear boundary it extends towards Side extensions Extension width is limited to no more than half the width of the original house it must not project forward of the "principle elevation" (typically the front of the house) it can extend beyond the rear wall by up to 3 or 4m (semi or detached), subject to max. width It can return around the rear corner of the house, as a side/rear extension provided that the overall width is no more then half of the original house. Maximum height of extension overall height is limited to no more then 4m and maximum eaves height is 3m (or 2.5m if built within 1m of a boundary). Class B: Loft conversion You are able to add a a loft conversion (which will often be the most cost effective way to increase your living accommodation). However, this conversion must: Have a footprint of no more then 40m3 for terrace houses and 50m3 for a detached or semi-detached house. (Any previous enlargement to the original roof space in any part of the house must be included in this volume allowance) Windows for a loft extension on a side elevation of a house must be obscure Not extend above the original ridge height Class C – other alterations to the roof This involves any other minor alterations to the roof e.g the installation of roof lights/windows. Class D - porches You can build a porch so long as it is no higher than 3m, not within 2m of any boundary and has a ground area no bigger than 3m². Class E: Outbuildings Must not exceed more than 50% of the total un-built on your property. Must only be one storey It must be within height restrictions Must not be used for accommodation/sleeping The legislation also allows provision for hard surfacing, chimneys & flues and TV aerials and antennas. Prior Approval If you plan to construct a larger home extension, you must undergo the prior approval process. This involves submitting an online application along with detailed drawings of the proposed scheme to the local authority. The local authority will then notify all adjoining neighbours, allowing them the opportunity to provide feedback on your proposal. If the scheme complies with all PD criteria and no significant concerns are raised, the local authority will confirm whether prior approval is granted or deemed unnecessary. The 'Original' house This term is key. The limits for Permitted Development enlargements apply to the original house as it was built, or as it stood on 1st July 1948. Not necessarily the existing condition of the house which may have been extended previously. For example; for a rear extension to a detached house, the 4m measurement for a PD extension will be taken from the original rear wall of the house. If the house has already had a 3m rear extension in the past, you would only be able to add an additional 1m under PD. If the PD allowance has been used up previously, you will be more limited in what is achievable, and this goes for all classes and types of alteration. Limitations So what can't be done under PD? Firstly, PD rights are only applicable to houses. Certain types of property such as flats and maisonettes do not benefit from the same rights. Listed buildings do not benefit from the rights as there are strict controls on any alterations that are made to a listed building to safeguard the historic character and fabric of the building. Sites located within designated areas are restricted on what can be done under PD. Permitted Development is still possible in these locations, but certain rights do not apply. Such locations include: Conservation areas National parks Areas of Outstanding Natural Beauty (AONB) World Heritage Sites The Norfolk or Suffolk Broads Import information to note: Permitted development rights may have been removed from your property. PD rights are often removed from a property as a condition of a planning approval, particularly on relatively recent developments where houses may be closer to one another. This is typically done to safeguard the area and retain openness where local authorities deem there may be a risk of over development if PD rights are allowed. Permitted Development (PD) rights are often restricted as a condition of planning approval, particularly in estate developments where properties are in close proximity. This measure is typically implemented by local authorities as a planning condition. How can we help? PD can be a bit of a minefield with a number of quirks that mean complying with the legislation is not always as straight forward as it may seem. Involving an experienced design professional as early as possible in the process will ensure that your project is correctly assessed against all the relevant criteria and designed appropriately. At Blue Lava we have extensive experience with PD projects and have gathered the valuable knowledge required to navigate the legislation effectively and achieve our client's desired results time after time. Disclaimer The information in this blog post reflects the latest available planning fee details at the time of writing. While we aim for accuracy, final fees are subject to confirmation by the UK Government and may vary upon formal announcement. We recommend reaching out to us directly or checking the Planning Portal for the most up-to-date information before submitting your application.

  • Industry News: Planning Application Fees Set to Increase - 1st April 2025

    On 13th January 2025, the Government laid out a draft bill before parliament to increase planning application fees in England and Wales from 1st April 2025. The resulting changes will now result in higher costs for most applications. Our advice: If you are currently planning a project, submit your application A.S.A.P to avoid additional costs! Current fees: Below is a table of planning application fees that you would pay, if you submitted your application before 1st April 2025. The latest update in 2023 increased planning fees and introduced an automatic annual adjustment in line with the Consumer Price Index, with the first increase scheduled for April 1st, 2025. However, the Government has since acknowledged that the planned inflation-based increase will not be sufficient to cover the costs required by local planning authorities. As a result, some planning application fees will see a 100% increase on April 1st, 2025. Proposed Fees: Here’s what you can expect to pay for the same applications from 1st April 2025. These include the £70 online service charge: Indexation Planning application fees are now subject to indexation. The increased fee rates will be fixed for a year and not updated (to take account on inflation) until 1st April 2026. Therefore, the planning fees listed in the table above, are exempt from the inflation increase this year, and will further increase from 1st April 2026 and beyond (unless the government increases them again). Why have the Government increased planning fees? The increase in planning fees was swiftly implemented following the publication of the Skills and Resources Survey, which highlighted the urgent need for additional resources in Local Planning Authorities (LPAs). The survey revealed a £262 million shortfall in LPA development management services, with household applications—making up 53% of all planning applications—contributing the most to this deficit. As a result, the fee increase aims to help fund these much-needed resources. In Conclusion: Planning application fees will increase on April 1st and will continue to rise annually in line with inflation. To avoid the higher planning fees, we recommend reaching out to Blue Lava before March 7th, 2025, to ensure we have enough time to submit your application before the deadline. Please note that we expect a high volume of applications during this period and will do our best to accommodate as many clients as possible. Beat the deadline by getting in touch today! Disclaimer The information in this blog post reflects the latest available planning fee details at the time of writing. While we aim for accuracy, final fees are subject to confirmation by the UK Government and may vary upon formal announcement. We recommend reaching out to us directly or checking the Planning Portal for the most up-to-date information before submitting your application.

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