Conservatory being built - whose fence is it?

[paulfoel]

Live in detached house. The back garden fence attaches to my house and runs parallel to the house (in a continuation). So looking at it - the fence is on my land.

Having a conservatory build and want to replace part of this fence with a wall (i.e. the conservatory). Can I legally do this?

Obviously, I'mn going to ask my neighbour but is he allowed to object? It would just mean replacing fence with wall. Otherwise, even if he does object I can build conservatory 1" inside fence and he can't do anything anyway.

 

[DevilDamo]

Your title deeds will determine who the fence belongs to.

The conservatory may not require Planning or Building Regulation Approval subject to the following...

http://www.planningportal.gov.uk/permission/commonprojects/conservatories

The conservatory will sit on a foundation, normally 600mm wide. To prevent excavating into the neighbours property, you would need to set the wall of the conservatory at least 6"/150mm from the boundary. This distance should also be enough to accommodate an overhang and guttering to the conservatory.

Your works may also be subject to the requirements of the Party Wall Act...

https://www.gov.uk/government/uploa..._Wall_etc._Act_1996_-_Explanatory_Booklet.pdf

 

[paulfoel]

Your title deeds will determine who the fence belongs to.

The conservatory may not require Planning or Building Regulation Approval subject to the following...

http://www.planningportal.gov.uk/permission/commonprojects/conservatories

The conservatory will sit on a foundation, normally 600mm wide. To prevent excavating into the neighbours property, you would need to set the wall of the conservatory at least 6"/150mm from the boundary. This distance should also be enough to accommodate an overhang and guttering to the conservatory.

Your works may also be subject to the requirements of the Party Wall Act...

https://www.gov.uk/government/uploa...c._Act_1996_-_Explanatory_Booklet.pdf[/QUOTE]

Well, I did speak to my neighbour who was not bothered either way. Happy for me to replace the fence with the wall of my conservatory.

Forgot about guttering though - of course that would overhang a little I guess.

 

[rjm2k]

Forgot about guttering though - of course that would overhang a little I guess.

Not if you set the conservatory back a little to allow the gutter to remain on your side.

 

[paulfoel]

Forgot about guttering though - of course that would overhang a little I guess.

Not if you set the conservatory back a little to allow the gutter to remain on your side.

yes of course that would be an option.

 

[paulfoel]

Your title deeds will determine who the fence belongs to.

The conservatory may not require Planning or Building Regulation Approval subject to the following...

http://www.planningportal.gov.uk/permission/commonprojects/conservatories

The conservatory will sit on a foundation, normally 600mm wide. To prevent excavating into the neighbours property, you would need to set the wall of the conservatory at least 6"/150mm from the boundary. This distance should also be enough to accommodate an overhang and guttering to the conservatory.

Your works may also be subject to the requirements of the Party Wall Act...

https://www.gov.uk/government/uploa...c._Act_1996_-_Explanatory_Booklet.pdf[/QUOTE]

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.

 

[tony1851]

Presumaby the fence belongs to whoever paid for it.

 

[paulfoel]

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.

 

[tony1851]

No, you won't be creating a party wall, it will still be your wall.

 

[paulfoel]

Presumaby the fence belongs to whoever paid for it.

Was there when the houses were built.

 

[paulfoel]

No, you won't be creating a party wall, it will still be your wall.

Hmmm. Maybe I've misunderstood but by adding a wall that runs up to a boundary it becomes, in essence, a party wall.

 

[tony1851]

No, you won't be creating a party wall, it will still be your wall.

Hmmm. Maybe I've misunderstood but by adding a wall that runs up to a boundary it becomes, in essence, a party wall.

No; you would have paid for it, so it's your wall. Your neighbour could not treat it as a party wall.

 

[paulfoel]

No, you won't be creating a party wall, it will still be your wall.

Hmmm. Maybe I've misunderstood but by adding a wall that runs up to a boundary it becomes, in essence, a party wall.

No; you would have paid for it, so it's your wall. Your neighbour could not treat it as a party wall.

Hmm but isnt this still covered as a wall build onto a boundary?

 

[tony1851]

A few years ago, I prepared plans for a client for a rear extension along the boundary with an adjoining semi. The builder built the side wall 6" over the boundary by mistake.
About a year later, the adjoining owner wanted to build a similar extension, but using the side wall of the first extension.
The first neighbour refused to allow this, even though he had gone onto the neighbour's ground.
Solicitors for both sides became involved, and it was concluded that the second neighbour could not use the side wall. Therefore not a party wall.
Not saying by any means that it is some sort of precedent, but the principle is that you paid for the wall, so it is yours. It's not the same as a fence or boundary wall which is there just to demarcate the boundary.

 

[RogerBoyle]

If you and your neighbour go dibs on the cost then that is the only way that Your wall to be could be deemed to be a party wall
As it stands it would be Your Wall