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Other Regulations & Restrictions Applicable to Conservatories

Depending upon your type of property and/or any special conditions in your Freehold or Leasehold, you may need someone else's permission to build a conservatory, or, in some cases, the construction of conservatories may not be allowed at all.

Covenants or other restrictions in the title to your property, or conditions in the lease, may require you to get someone else's agreement before carrying out some kinds of work to your property, including the construction of a conservatory.

This may be the case even if you do not need to apply for planning permission. New housing estates are a prime example, where development restrictions on conservatories, extensions, etc, are often included in the title to prevent unsympathetic or inappropriate developments.

Consult the developer or builder prior to the commencement of your conservatory as, although permission is usually given, it is not automatic and some restrictions may be applied, such as a maximum height or choice of colour and/or construction material.

The builder or developer may charge a small administration fee.

NB The above almost always applies to Leasehold properties and to properties with Shared Freeholds.

Restricted Covenant Rights

Restricted development rights imposed by the builder of the site may be in place. Permission from the builder will be needed before you can erect a conservatory.

Right Of Light
Where Planning Permission is required, the local authority can limit the projection of the conservatory in situations where an adjoining or nearby property exists. In such situations each property is taken on it's individual merits.

The following method may be used as a guide to calculate the maximum permitted projection of a conservatory:

Draw a line 45 degrees from the centre of the nearest window of a habitable room in the adjoining property. Where this line dissects the side or dividing wall of the conservatory is the maximum depth to which the conservatory can be built. Generally, conservatories projecting beyond this point will not be allowed.

The Party Wall Act has been in effect from 1st July 1997 throughout England and Wales, and applies if you intend to construct a conservatory which involves:

1. Work on an existing wall shared with a neighbouring property
2. Building on the boundary with a neighbouring property
3. Excavating near a neighbouring building

    Definitions: A wall is a Party Wall if:
1. It stands astride the boundary of land belonging to two (or more) different owners
2. It belongs totally to one owner, but is used by two (or more) owners to separate their buildings. Where one person has built     the wall in the first place, and another has butted their building up against it without constructing their own wall, only the part     of the wall that does the separating is 'Party'.

A building owner intending to carry out work covered by The Act must give notice in writing of the intended works to all the relevant adjoining owners.

    Dispute procedures
The Act envisages that, in most cases, there will be agreement about the proposed works between the relevant owners. This agreement must be in writing. A surveyor may be called upon to draw up an 'award'. If the owners do not agree upon one surveyor, they must each make an appointment. The two surveyors thus appointed select a third surveyor. Surveyors appointed under the dispute procedures must act impartially, taking into account the interests of both owners.

Do take care. If you attempt to build a conservatory covered by the Party Wall Act without giving the necessary notice and getting written agreement, you may be forced to stop, to alter the design or to pay compensation. You may even be forced to remove the conservatory completely.

In all cases it is worth contacting the Planning Department of your Local Council for their advice. To make contact, go to and search for the contact details of your Local Authority from there.

With regard to Covenants, etc, check your property title, either the Freehold or the Leasehold. If you are in any doubt at all, have it checked by a solicitor..

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