Planning Permission Tips UK - How to Avoid Boundary Disputes when Extending or Redeveloping a Site
The quest for more living space these days means making more efficient use of the sites available space in which to extend or develop. This invariably means building right up to the properties boundary line in many cases. This can have major pitfalls if it is not presented or handled correctly & not just at the Planning Application stage either. You wouldn't believe the number of on-site boundary disputes that arise during construction and it is usually the poor old builder who gets caught right in the middle of the crossfire. Having been party to a few boundary disputes in my time there are a number of rules that I apply when extending or developing a property to ensure that the risk of a neighbour dispute is reduced or catered for when designing and building close to the properties boundary fence for example. RULE NO. 1:- Though shall not encroach over the boundary line. Sounds a simple one doesn't it but you would be amazed at the number of times a site owner seems to think that it's OK to follow the line of the original party wall for example in order to avoid a 'kick in' for the new works. Even if the neighbour gives their consent it still leaves room for a later dispute not to mention the tricky questions that can be asked when selling either property later on. Even though the main wall main not encroach, it is vital to ensure that the foundations or eaves projections do not overhang the adjoining neighbour. If pushed by the site owner I do agree to complete design works that overhang the boundary & this is easily covered during the Planning application process by serving the correct Notice and signing certificate 'B'. However, it is the during the build process that many verbal or written neighbour agreements fall apart so I ensure that that my advice not to encroach is recorded by the client in an acknowledged paper trail so that I can wash my hands of it later on - you can lead a horse to water but you cant make it drink. RULE NO. 2:- Though shall never assume that the fence is the correct boundary line. Most of the time, the fence or other demarcation dividing properties is the correct location. However, people have a habit of taking advantage or lying about such things. I had case once where a site owner re-aligned his fence by 300mm when his neighbour died. His view was that he was just making the boundary correct to a straight line as denoted on the deeds. Over the years as fences are renewed, removed for access, replaced with hedges etc., the demarcation does tend to wander often to a point where it is near impossible to re-identify the correct boundary line. If a neighbour has had the benefit of an extra 300mm for the last 15 years due to a removed or unmarked boundary line he sure isn't going to give it up just because his new neighbour wants to reestablish a straight line to some moth eaten piece of barely legible piece of paper. Another very common occurrence is when a rural site owner obtains an extra piece of land that is outside the residential curtilage and by encompassing with a new fence he seems to think that he now has a usable extended garden ripe for building in. Not only doesn't he have proper permission to use the land as a garden he could be asked to remove any building works when it is discovered (and most are). RULE NO. 3:- Though shall put the onus on the client to identify and agree boundary lines with the neighbour on site BEFORE he starts work on the project. This is the best piece of 'bottom shielding' you can have. Why should I take the rap for a neighbours venom or the clients demands 'to sort it out' due to his unwillingness to grasp the nettle. By clearly demonstrating that your have already exercised a high degree of 'duty care' with precise written advise on how they were to avoid boundary disputes with their neighbour, you can at least rest easy at night or charge a good fee for sorting out their mess. Seems a bit hard faced I know but if ever there was a re-occurring potential nightmare in residential development then this is it. It should remembered that previous case studies have shown that neighbours will go to war over two inches of land & donate thousands of pounds to solicitors fees in the process - guess who ends up really winning! These are 3 simple rules that will help provide your own development project with unhindered progress to a great conclusion. RULE NO.4:- Though shall inform the client of his duties under the Party Wall Act 1996. Generally speaking, if the building owner uses the Party Wall Agreement system which is usually administered by a specialist Party Wall Surveyor then this would encompass most of the other rules above. Having the client nursed through the Party Wall Act by someone else that knows what their doing is of great benefit to both the designer & building owner & very rarely leaves any problems in their wake. I wont explain here when & why the client needs to obtain Party Wall Agreements with his neighbour as the legislation is quite complicated but generally only applies when the building owner is excavating within 3 meters of a neighbours wall or party fence/wall or completing works that would affect a party wall or party fence. Our 'Maximum Build Planning Guide' explains further the tactics involved when extending or developing a property & what areas can be exploited for developing land or a site for residential use. How to give yourself the best chance of being granted an approval. Our 'Maximum Build Planning Guide' explains further the tactics involved when developing a site and how to give yourself the best chance of being granted an approval. http://www.planning-approval.co.uk
MORE RESOURCES:
Google News
|
 |
|
|
RELATED ARTICLES
Planning Permission Tips UK - Agricultural Plots of Land for Sale - The Latest Mug Punter Scam?
The first part of most years brings a flurry of trade shows aimed at the public & trade alike such as The Ideal Home Show, Interiors & just recently the Building Exhibition at the NEC. It never ceases to amaze me the amount of new gadgets & Gizmos (along with the usual tat) that companies invent for our consumption.
Home Is Where The Heart Is
Every one lives in a house but every house is not a home. A house is a shelter made of bricks, wood or any other material.
Kitchen Remodeling Costs
It is important to prepare a budget for your kitchen remodeling plan before you start implementing it. Without a complete and detailed budget prepared before the kitchen renovation begins, you may get swept into a spending spiral of unbudgeted extras.
The Benefits of Small Dehumidifiers
So it's too humid in your 10' X 10' bedroom. Or perhaps the steam in your bathroom is starting to make the wallpaper peel.
Everything - Plus The Kitchen Sink
Looking to do some remodeling in your kitchen sink area or maybe the whole kitchen? There are many options out there for any idea you may have. Kitchen appliances on down to kitchen tables, and kitchen sinks are available at your finger tips online.
How to Collect Physical Mold Growth Samples for Low-Cost Mold Laboratory Identification of Mold Spec
How to Collect Physical Mold Growth Samples for Low-Cost Mold Laboratory Identification of Mold SpeciesVANCOUVER, CANADA. Many property owners, apartment landlords, renters, employers, and employees want to know, and need to know, the precise identities of the various mold species infesting their moldy house, rental unit, or place of employment, according to Phillip Fry, Certified Mold Inspector and author of the book Do-It-Best-Yourself Mold Prevention, Inspection, Testing, & Remediation.
Interior Design Simply Means Personalizing Your Interior Environment
Interior Design today is all about customizing your built environment with conceptual planning, aesthetic sense and technical solutions applied to achieve the desired result. It goes beyond just the visual or ambient enhancement of an interior space, it seeks to optimize and harmonize the uses to which the built environment will be put.
Discovering Fiberglass Roofing Panels for Your Roofing Needs
Roofs are an integral part of the house. The design of a roof tells a lot about the structure.
Trading in Corporate Office for Home Office
Six years ago, I had not yet turned on a computer. Today I run several successful Internet Businesses and by me being a single parent of 4 children my friends calls me a marketing expert.
Building a Home Addition
Besides providing your home with more living space, a home addition can be a terrific investment. However, before embarking on such a project the homeowner should first consider several important items.
Installing Vinyl Replacement Windows on the Second Floor
If you have a two story house, and you are going to replace the windows on both the first and second floor, there are little tricks that you can use to make the upper floor job a bit safer and easier. If the windows are replacement style frames, you install them from inside the house, so the only thing that you will do different than the first floor windows is to use an extension ladder to caulk the exterior.
What is Design Psychology and How Will it Help Me?
In this article, we'll be taking a look at the most basic aspects of Design Psychology, first asking a question, and then addressing the various concepts, in abbreviated form."I wish I had learned all this before we bought our first house 25 years ago, and before we had our children.
How To Ward Off House Thief
To most of us, security at home is very important. Ever experienced coming home one night and found your belongings scattered around? Or maybe you heard funny noises while you were sleeping and wondered if it was some thieves in your house? Would you like to worry less and enjoy your home better? Well, besides house alarm or sealing up your house with grills and locks, why not place an interesting home decor, which will help to ward off house thieves?
Chinese culture believes that by placing umbrellas in the lobby or at the front of the house, your house can be prevented from being the thief's target.
In The Mood
Creating a Designer Home With LightingTraditionally, spring is the time when many of us think about redecorating or remodelling a room in our home and we begin skimming through glossy magazines, or visiting showrooms for ideas. The results always look stunning, but how do you replicate 'that' look in your own home when your rooms are probably a fraction of the size of those featured in home interior publications? Even if you had the time, energy and resources to purchase exactly the same products that appear in a beautifully prepared photograph or showroom, somehow they never seem to look the same in your own home.
Successful Motor Protection Formulae
As we have discussed before, all overload relays have one major limitation - because they operate on line current, they do not directly sense the motor temperatures.However, with proper heater selection and careful attention to the factors that affect heater performance, the overload relay can work extremely well to protect the motors.
If You're Looking for Bedding, Think "Pink"
If you have come to a point in your life that you want a serious relationship, I would strongly suggest that you "think pink". This may sound strange to some of you, but I have discovered that the color "pink" has some interesting qualities.
Buyers Guide To Heavy-Built Mailboxes
If you are tired of replacing your mailbox every few monthsdue to vandals or just poor quality construction, you needa heavy-built mailbox. Some of the more common reasons forpurchasing a heavy-built mailbox are destruction byvandals, snowplow or street sweeper damage, or just apoorly built mailbox that will not stand up to harsh orextreme weather conditions.
Easy Ways to Increase Your Houses Value
Before getting your house valuated think about the list below and if you should implement them to increase your house's value.Clean up your house:Clean your house thoroughly.
The Secret to Your Home's Interior Design
The secret to your home's interior design is Love.If you love yourself, you create a home for your happiness.
11 Tips for Stripping Wallpaper: How to Get Rid of Ugly Wallpaper!
I broke my promise to myself and stripped wallpaper again. The only reason I did this is for $100,000 profit.
|
