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 sure you refer to this before building can save an awful lot of hassle later. Here's 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 section of, or close to, a neighbour's property. You need to refer to it if you're planning to create a conservatory which would involve:
? a preexisting wall or structure shared with 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 term Party Wall Fence actually refers to a wall which doesn't form section of a building but does straddle the boundary between you as well as your neighbour. If you're planning to build against this, or excavate within three metres of it, there's action you need to take.
An important notice
At least two months before work starts, you must give your neighbour the official notice, containing information such as:
? name, address, and owners of the house
? 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 when there is a dispute
Just having a chat with your neighbour isn't good enough. 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. Your neighbours have 14 days to provide written permission or register dissent. Should they don't reply, you move to...
A Party Wall Dispute
A surveyor or surveyors is appointed to find out a good and impartial award. Each party can appoint their very own or agree to just one single. Following the making of an award, if this won't settle the dispute, all parties can appeal to a County Court.
Once agreement is reached
All work must comply with the notice. Keep your copy; if you later sell the house, a prospective owner may wish to check it.
Final words
It is 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 preferable to the alternative!
Helpful resources are specialist designers and manufacturers of conservatories and orangeries