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 could be anything from the height of a hedge between them to the building of a conservatory. For Party Wall Surveys Bromford who is 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 main element points…

What is it?

The Party Wall Act 1996 regulates what you can and cannot do when building either on part of, or near, a neighbour’s property. You should refer to it if you are planning to build a conservatory and this would involve:

? an existing wall or structure shared with another property

? a free 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 isn’t actually a fence

The term Party Wall Fence actually identifies a wall which doesn’t form part of a building but does straddle the boundary between you as well as your neighbour. If you are planning to build against this, or excavate within three metres of it, there is action you will need to take.

An important notice

At least 8 weeks before work starts, you must give your neighbour an official notice, containing information such as:

? name, address, and owners of the property

? statement that it’s being served beneath the terms of this act

? complete description and proposed start date of work

? date of serving the notice

? what happens if you have a dispute

Just having a speak to your neighbour isn’t sufficient. They can consent to work starting earlier, but don’t have to. Your builder or architect, with their experience, should cope 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 CELEBRATION Wall Dispute

A surveyor or surveyors is appointed to determine a good and impartial award. Each party can appoint their very own or agree to just one. After the making of an award, if this doesn’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 wish to check it.

Final words

This is the very basic guide. There’s more detail in a free of charge 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