If you’ve just bought a home that’s in need of full refurbishment and your plans include adding a loft pod that encloses onto a raised party wall (parapet), there are a few important considerations to bear in mind — both under the Party Wall etc. Act 1996 and in terms of cost.
Let’s break this down into two key sections:
- What the Party Wall Act allows
- What it could cost you (beyond surveyor fees)
Can I Build a Loft Pod Enclosing onto the Party Wall?
Short answer: Yes — this is permitted under the Party Wall Act.
The Party Wall etc. Act 1996 allows a Building Owner to carry out certain works to an existing party wall, provided that formal notice is given to the neighbouring Adjoining Owner. This includes building a loft pod that adjoins or encloses onto a raised parapet wall.
You’ll need to serve a Party Structure Notice under Section 3 of the Act (specifically referring to works outlined in Section 2(2)). This notice must be served at least two months before starting works.
A Key Point of Difference:
If you were building a new wall on the boundary under Section 1(2), your neighbour could object and insist that it be built entirely on your own land.
However, when working with an existing party wall under Section 2(2) (as in your case), the Adjoining Owner cannot refuse the work — though they are entitled to appoint a Party Wall Surveyor to review the plans and protect their interests.
Are There Additional Costs Beyond Surveyor Fees?
Introducing “Enclosure Costs”
If you’re enclosing onto a party wall that was originally built by your neighbour — say, as part of a previous loft extension — you may be required to pay enclosure costs.
What does this mean?
Enclosure costs are a contribution to the cost your neighbour previously incurred when building the wall — which you are now benefiting from by using it as part of your structure.
This usually equates to 50% of the cost of the wall’s construction, including its foundations and relevant design costs (adjusted for inflation). This contribution is fair because you are now sharing the benefit of a wall you didn’t originally pay to construct.
Is This Always Payable?
Not necessarily. In some cases, Party Wall Surveyors acting for the Building Owner (you) may be able to negotiate a waiver of the enclosure costs, especially if:
- The Adjoining Owner gave prior consent for the wall to be built as a party wall
- The Adjoining Owner benefits from the original arrangement (e.g. gained extra space themselves)
- There’s mutual understanding between neighbours (especially when both sides have or plan to do similar works)
This is often seen as a reasonable trade-off:
You’re gaining valuable internal space, while the neighbour may have sacrificed some of theirs and endured the disruption of the earlier build.
Final Thoughts
A loft pod can significantly enhance your living space and property value — but if your design involves using a party wall, it’s vital to follow the correct legal procedure and budget for any potential enclosure costs.
To ensure everything runs smoothly:
- Serve your notices correctly and on time
- Involve a qualified Party Wall Surveyor
- Be aware of possible enclosure payments (and opportunities to negotiate)
Need Professional Guidance?
At The Hopps Partnership, we’ve helped hundreds of homeowners across London navigate loft extensions and party wall matters with confidence.
📧 Email us at team@simplesurvey.co.uk for expert advice tailored to your project — no jargon, no pressure, just straightforward support from experienced Party Wall Surveyors.