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 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 aware of the Party Wall Act 1996. Making certain you make reference to this before building can save a 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 part of, or near, a neighbour's property. You should refer to it if you're planning to build a conservatory and this 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 create your foundations
The fence that's not actually a fence
The word Party Wall Fence actually refers to 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 from this, or excavate within three metres of it, there's action you will need to take.
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At least two months before work starts, you need to give your neighbour the official notice, containing information such as:
? name, address, and owners of the property
? statement that it's being served beneath 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 speak to your neighbour isn't sufficient. They can consent to work starting earlier, but need not. Your builder or architect, with their experience, should deal with this for you. Your neighbours have 14 days to give written permission or register dissent. If 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. Following 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 decide to check it.
Final words
This can be a very basic guide. There's greater detail in a free 42-page booklet from the Department for Communities and Local Government. If all of this seems a headache, it's surely infinitely preferable to the alternative!
Ultraframe are specialist designers and manufacturers of conservatories and orangeries