Why it comes up
When a house is sold, the buyer’s solicitor asks about building work done to it. Loft conversions, extensions, basements and removed chimney breasts are exactly the kind of work that can fall within the Act. If the seller did that work, the solicitor will often want to know whether the right consents and notices were obtained.
Planning permission and building regulations certificates are the documents most people expect to be asked for. Party wall paperwork is the third strand, and it is the easiest to overlook.
If you are selling: what to keep
For every project that was covered by the Act, keep together:
- the notices you served, with proof of service
- your neighbour’s signed consent, if they gave one
- any schedule of condition
- the award, if there was one, with the surveyors’ details
- correspondence agreeing changes
- planning permission and the building regulations completion certificate
A folder with these in it is a good thing to have ready when you put the house on the market. If we served the notices, ask us for copies.
If you are selling and there is no paperwork
Tell your conveyancer the facts early. Do not guess, and do not describe work as “covered” if you are unsure. A surveyor can look at what was done and advise on the position. The main risk is civil: a neighbour could claim for damage or complain about the work. The longer a problem sits, the harder it is to put right, and the more it unsettles a sale.
If you are buying
- Ask your solicitor to ask for party wall notices, consents and awards for any significant work, alongside planning and building regulations papers.
- Look at the neighbouring houses too. Work next door may affect yours.
- If you plan your own work, remember that the previous owner’s paperwork does not cover it. You will need to serve your own notices, and allow two months for a Section 3 notice. Read our guide for building owners.
A note on neighbours who are happy
Informal agreement between neighbours is common, and it is not enough on its own to show the Act was followed. If a neighbour has agreed to your work, ask them to sign a consent to a valid notice. It costs nothing and gives you something to show a buyer.
Talk to us
If you are preparing a sale and want to know what paperwork you should have, or you are about to start work and want it done properly, call 0800 999 1947. We will tell you what applies. See is a party wall agreement necessary.
Questions about buying and selling
How long should I keep party wall papers?
For as long as you own the property, and then pass them to the buyer. They show how the work was done and what condition the neighbouring property was in at the time. A new project by a new owner needs its own notices.
What if my neighbour’s work is a problem for the house I am buying?
Ask your solicitor to raise it with the seller and to ask for any notices or awards. If building work is under way next door, a schedule of condition of the house may be valuable.
Is this legal advice?
No. It is general information from a party wall surveyor. A conveyancing solicitor can advise on your transaction.