Why you can't just go ahead and build your conservatory
Occasionally you'll notice a news story about a property dispute between neighbours. This can be anything from the height of a hedge between them to the building of a conservatory. In case you are considering the latter, be familiar with the Party Wall Act 1996. Making certain you make reference to this before building can save an awful lot of hassle later. Here is a quick guide to the main element points...
What is More help ?
The Party Wall Act 1996 regulates everything you can and cannot do when building either on part of, or near, a neighbour's property. You need to refer to it if you are planning to build a conservatory which would involve:
? a preexisting wall or structure distributed to another property
? a free of charge standing wall up to or astride the boundary to your neighbour's property
? excavating near a neighbouring building to build your foundations
The fence that's not actually a fence
The word Party Wall Fence actually identifies a wall which doesn't form part of a building but does straddle the boundary between you and your neighbour. If you're planning to build from this, or excavate within three metres of it, there is action you need to take.
An important notice
At least two months before work starts, you need to give your neighbour an official notice, containing information such as for example:
? name, address, and owners of the house
? statement that it is being served under the terms of the act
? complete description and proposed start date of work
? date of serving the notice
? what happens if there is a dispute
Just having a chat with your neighbour isn't sufficient. They can consent to work starting earlier, but need not. Your builder or architect, with their experience, should cope with this for you. Your neighbours have 14 days to give written permission or register dissent. If they don't reply, you move to...
A CELEBRATION Wall Dispute
A surveyor or surveyors is appointed to determine a fair and impartial award. Each party can appoint their own or agree to just one. Following Right of Light Consultants Southborough making of an award, if this won't settle the dispute, all parties can interest a County Court.
Once agreement is reached
All work must comply with the notice. Keep your copy; in the event that you later sell the property, a prospective owner may decide to check it.
Final words
It is a very basic guide. There's more detail in a free 42-page booklet from the Department for Communities and MUNICIPALITY. If all of this seems a hassle, it's surely infinitely better the alternative!
Ultraframe are specialist designers and manufacturers of conservatories and orangeries