When renovating or extending your home in the Inner West Council area, one of the critical aspects to consider is whether your project will impact any party walls. If your renovation relies on these walls for support or if any construction is proposed on the wall itself, the consent of all the owners involved is required before your project can proceed.
What is a Party Wall?
A party wall is a wall that sits on the boundary between two properties, commonly used in attached housing like terraces or semi-detached homes. These walls provide structural support for both properties, so any alterations, additions, or demolition involving the wall can affect both houses. Therefore, if your renovation includes extending or modifying part of the structure connected to a party wall, written consent from the neighbouring property owner is required.
Why Do I Need Consent for Party Wall Works?
Under the Environmental Planning & Assessment Act 1979, all development applications must have the consent of the property owners affected by the project. For renovations that rely on a party wall, this means getting written approval from your neighbour(s). Without it, your Development Application (DA) cannot be approved by the Inner West Council.
Examples of works that typically require party wall consent include:
- Demolition of structures attached to the party wall
- Vertical (first floor additions) or lateral (ground floor) extensions relying on the shared wall for support
- Alterations or additions that may impact the structural integrity of the party wall
Note: Even if they provide party wall consent, neighbours can still raise concerns or objections about other aspects of the development, such as design or overshadowing, but not about the use of the party wall itself.
What Happens If I Can’t Get Consent?
If your neighbour refuses to provide consent, you have two options:
Redesign the project: You can modify your plans to not impact the party wall in any way.
Provide alternative support details: A structural engineer can propose alternative support systems that avoid the party wall entirely. Sometimes council will accept a letter from a structural engineer stating this, however in other situations council will require engineering plans to clarify details. It is good to start discussions with your neighbours early once you know you want to renovate, so if they are unlikely to provide consent an alternative structure can be included in the design from the start.
What is the Council’s Role in Party Wall Disputes?
The council requires party wall consent as part of the DA process, but any disputes or private agreements between neighbours regarding the condition of the wall or compensation for damage are considered civil matters. The council does not get involved in these negotiations.
If you anticipate party wall issues with your neighbour, it’s best to have an open conversation early in the process to prevent delays or complications later. In many cases, private agreements can cover how any damage will be repaired, which can provide peace of mind for both parties.
Party Wall Consent Process
The party wall consent form must be signed by all registered owners of the adjoining properties. The completed form is submitted alongside the DA, and without it, the application will be considered incomplete.
For projects that do not rely on the party wall for support, you’ll need to provide a structural engineer’s certification, as mentioned earlier. This certificate ensures that the development will not impact the shared wall, allowing the project to proceed without neighbour consent.
