Why you can't just go right ahead and build your conservatory
Occasionally you'll notice a news story in regards to a property dispute between neighbours. This is often anything from the height of a hedge between them to the building of a conservatory. Should you be considering the latter, be aware of the Party Wall Act 1996. Making certain you refer to this before building can save an awful lot of hassle later. Here is a quick guide to the key points...
What is it?
The Party Wall Act 1996 regulates what you can and cannot do when building either on section of, or near, a neighbour's property. You need to refer to it if you're planning to create a conservatory and this 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 create 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 are planning to build from this, or excavate within three metres of it, there is action you need to take.
An important notice
At least 8 weeks before work starts, you need to give your neighbour an official notice, containing information such as:
? name, address, and owners of the property
? statement that it is being served beneath the terms of this act
? complete description and proposed start date of work
? Right of Light Consultants Turnpike Lane of serving the notice
? what happens if you have a dispute
Just having a chat with your neighbour isn't good enough. They can consent to work starting earlier, but need not. Your builder or architect, making use of their experience, should deal with this for you personally. Your neighbours have 2 weeks to give written permission or register dissent. Should they don't reply, you move to...
A CELEBRATION Wall Dispute
A surveyor or surveyors is appointed to determine a fair and impartial award. Right of Light Consultants Barnet can appoint their own or agree to just one. After the making of an award, if this doesn't settle the dispute, all parties can appeal to a County Court.
Once agreement is reached
All work must adhere to the notice. Keep your copy; in the event that you later sell the property, a prospective owner may decide to check it.
Final words
This can be a very basic guide. There's greater detail in a free of charge 42-page booklet from the Department for Communities and MUNICIPALITY. If all this seems a hassle, it's surely infinitely preferable to the alternative!
Right of Light Consultants Keston are specialist designers and manufacturers of conservatories and orangeries