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 could be anything from the height of a hedge between them to the building of a conservatory. If you are considering the latter, be familiar with the Party Wall Act 1996. Making sure you refer to this before building can save an awful lot of hassle later. Here's a quick guide to the key points...
What is it?
The Party Wall Act 1996 regulates everything you can and cannot do when building either on section of, or close to, a neighbour's property. You should refer to it if you are planning to build a conservatory which would involve:
? a preexisting wall or structure shared with another property
? a free standing wall around or astride the boundary to your neighbour's property
? excavating near a neighbouring building to build your foundations
The fence that isn't actually a fence
The term Party Wall Fence actually identifies a wall which doesn't form section of a building but does straddle the boundary between you and your neighbour. If you are planning to build against this, or excavate within three metres of it, there's action you will 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:
? name, address, and owners of the house
? statement that it is being served beneath the terms of the act
? Additional info and proposed start date of work
? date of serving the notice
? what happens if you have a dispute
Just having a chat with your neighbour isn't sufficient. They can consent to work starting earlier, but don't have to. Your builder or architect, making use of their experience, should deal with this for you personally. Your neighbours have 2 weeks to provide written permission or register dissent. Should they don't reply, you proceed to...
A Party Wall Dispute
A surveyor or surveyors is appointed to find out a fair and impartial award. Each party can appoint their very own or agree to just one. After the 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 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 is usually a very basic guide. There's more detail in a free of charge 42-page booklet from the Department for Communities and Local Government. If all of this seems a headache, it's surely infinitely better the alternative!
Ultraframe are specialist designers and manufacturers of conservatories and orangeries