Conservatory being built - whose fence is it?

[Deleted User]

cyclonebri1 wrote: »

Nice quick bit of research there, nice one:T

Yeah, the point really is get the neighbours ok, the foundation do have to be and can legally be on the nextdoors land. Make that under the....land.

Great that you can agree:T

Yeh. Can imagine it'd be a nightmare if you've got an awkward neighbour.

Any need to ask him to confirm in writing you think?

Also, been looking at the party wall stuff? Dont think it applies. Both houses are detached. The conservatory is being added to my house and does not touch his at all.

Only thing affected is the wooden fence that forms the boundary (and thats attached to my house) which will be replaced partly by the wall.

[Deleted User]

Although, maybe it is because I am, in effect, creating a party wall? Is this true?

Even though its not a wall its just an extra bit of house.

keystone

Actually technically it'll be a party fence wall or a party structure. You need to ensure that you get the neighbours agreement in writing ensuring that your planse are detailed enough that they can be checked later to avoid the "I never agreed to that" claim later on. Whatever you do don't employ a Party Wall solicitor. Keep it amicable between you but make sure its all properly recorded.

Cheers

moneyistooshorttomention

That's my instant thought...of making sure that the plans for this conservatory are submitted in writing to the neighbour.

Otherwise, its possible that he has agreed to part of the fence being replaced by conservatory wall without realising that, by the sound of it, 1' of his garden will get dug up for foundations in the process.

To be honest, its a mistake I could easily have made myself. That is, agreeing to a neighbouring extension without the thought having crossed my mind that there would be foundations coming underneath MY garden. In fairness, this aspect does need to be fully explained to him and, if he still agrees to this, then have it clearly agreed what will happen about the damage the workmen will almost certainly do to a wider area of his garden/that they might (will?) need access to his garden during the building.

Once he knows all that, then there is a very good chance that he will change his mind and tell you that the conservatory will have to be at least 1' inside your garden wall..but that is a risk that will have to be taken.

cyclonebri1

Yes get it in writing.

If I'm not mistaken when I looked this up there are template letters included in the section of the government site, jobs half done for you. ;)

Again as KS and myself have said, this does come under the requirement stated in the party wall act as you have to encroach under his boundary for adequare abd substantial foundations as they are described in the act (from memory.

It gets more complicated if the properties are on differing levels, ie, there is a step in height between the two as there was in my case, to avoid any possibility of undermining foundations.

Repeat, in writing, your neighbour may move.

[Deleted User]

Yes, I do plan to ask him to agree in writing. Saves any hassle later.

Hintza

What about drainage issues? Services?

Do this on the cheap and in haste and you could be repenting at leisure. Boundaries can be very contentious and what if he moves out next week and someone else doesn't like it?

Cross the t's and dot the i's.

moneyistooshorttomention

Very good point...and my own thoughts about a conservatory on boundaries are now being thoroughly revised (ie because I hadn't realised that it would involve infringing on neighbours territory at all....:o). Darn...darn...darn...

ValHaller

[quote=[Deleted User];discussion/4737462]
Obviously, I'mn going to ask my neighbour but is he allowed to object?[/QUOTE]
Of course he is.

DTDfanBoy

[quote=[Deleted User];62808939]Ah. Apparently, conservatory is not less than 75% of roof area is glass and 50% of walled area so I think I'm ok.[/QUOTE]

The glazing percentage rule no longer applies

Taken from the government planning portal :

However, conservatories are normally exempt from building regulations when:

• They are built at ground level and are less than 30 square metres in floor area.
• The conservatory is separated from the house by external quality walls, doors or windows.
• There should be an independent heating system with separate temperature and on/off controls.
• Glazing and any fixed electrical installations comply with the applicable building regulations requirements (see below).

You are advised not to construct conservatories where they will restrict ladder access to windows serving rooms in roof or loft conversions, particularly if any of the windows are intended to help escape or rescue if there is a fire.

Any new structural opening between the conservatory and the existing house will require building regulations approval, even if the conservatory itself is an exempt structure.