Why you can't just go right 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. In case you are considering the latter, be aware of the Party Wall Act 1996. Making sure you make reference 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 what 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're planning to build a conservatory which would involve:
? a preexisting wall or structure distributed to 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 word 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 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 property
? statement that it's 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 good enough. 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 2 weeks to provide written permission or register dissent. If they don't reply, you move to...
A CELEBRATION 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 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; if you later sell the property, a prospective owner may wish to check it.
Party Wall Surveys Stourbridge is a very basic guide. There's greater detail in a free 42-page booklet from the Department for Communities and Local Government. If all this seems a headache, it's surely infinitely better the alternative!
Ultraframe are specialist designers and manufacturers of conservatories and orangeries