If you`re planning on undertaking construction work on a property that you share with your neighbours, you may need to consider a party wall agreement. This legal agreement is designed to regulate the rights and responsibilities of property owners during building work, and can help to prevent disputes and damage to shared structures.

But what about planning permission? Is a party wall agreement still necessary if you have already obtained permission from the council? Let`s take a closer look.

What is a party wall agreement?

A party wall agreement is a legal contract between neighbouring property owners that outlines the proposed building work and its potential impact on shared structures. This can include walls, ceilings, floors, and even garden fences. The agreement sets out the terms of the work, including the agreed timeline, cost sharing arrangements, and resolving disputes.

Do I need planning permission?

The short answer is, it depends. Planning permission is usually required for any significant building work, such as extensions, loft conversions, and new buildings. However, some smaller projects may be exempt from planning permission under certain conditions, such as if they fall within permitted development rights.

Planning permission is separate from a party wall agreement, and is concerned with the impact of the proposed work on the wider environment, rather than the impact on neighbouring properties. Therefore, even if you have planning permission, you may still need a party wall agreement if your work affects shared structures.

When is a party wall agreement necessary?

The Party Wall etc. Act 1996 sets out when a party wall agreement is necessary, and defines the types of building work that fall within its scope. These include:

– Building a new wall on the boundary between properties

– Cutting into or altering an existing party wall

– Excavating within 6 metres of a neighbouring property, and up to the depth of their foundations

– Building a new wall on your property that is adjacent to a neighbouring property

If your planned work falls within any of these categories, you will need to serve notice to your neighbours and obtain their agreement before you can proceed.

What happens if I don`t get a party wall agreement?

If you don`t obtain a party wall agreement when one is necessary, you risk damaging shared structures and causing disputes with your neighbours. This can lead to costly legal proceedings and delays to your building work, as well as strained relationships with your neighbours.

Additionally, if you fail to obtain a party wall agreement when one is required, your neighbours can apply for an injunction to stop your building work until the agreement is in place. This can cause significant delays and additional costs.

In conclusion, having planning permission does not negate the need for a party wall agreement if your planned building work affects shared structures. By obtaining an agreement with your neighbours, you can ensure that the work is carried out smoothly and without dispute. It is important to seek professional advice to ensure that you comply with all legal requirements.