Planning Permission Tips UK - How to Avoid Boundary Disputes when Extending or Redeveloping a Site
Article by: Martin Meaks
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 , Kitchen Renovations and Island Creations right up to the properties , Deck Decorating 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 , Tips for Keeping Your Carpets Clean to ensure that the risk of a neighbour dispute is reduced or catered for when designing and building , How to Substantially Cut Your Energy Bills close to the properties , Moving Q&A: Working With Professional Moving Companies 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 , Near Loss Of Life And Limb Averted By Miracle Device.. for example in order to avoid a 'kick in' for the new works. Even if the neighbour gives their consent it still leaves room , Choosing the Right Gas Fireplace for Your Home for a later dispute not to mention the tricky questions that can be asked when selling either property , Moving Q&A: Working With Professional Moving Companies later on. Even though the main wall , An In-Depth Home Improvement Article on Everything in the Bathroom (Part 2) 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 , Moving Q&A: Working With Professional Moving Companies 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 , The Bathroom - The Forgotten Area Of Your Home? apart so I ensure that that my advice , Spa Covers: Why You Need One 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 , Various Types of Fences 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 , Steel Shelving: A Work Of The Master Class is the correct location. , A Place For Everything And Everything In Its Place 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 , Safety and Windows Installation 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 , Modern bedding ideas the residential curtilage and by encompassing with a new fence he seems to think that he now has a usable extended garden , An In-Depth Home Improvement Article on Everything in the Bathroom (Part 2) ripe for building , Choosing And Care Of Oriental Rugs in. Not only doesn't he have proper permission to use the land as a garden , How To Artify Your Home he could be asked to remove any building , Aluminum Patio Tables Durability 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 , A 'How To' Guide to Home Energy Savings Act 1996.
Generally speaking, if the building , Various Types of Fences owner uses the Party Wall , Building Your Dream Home - Part 2 Agreement system which is usually administered by a specialist Party Wall , A 'How To' Guide to Home Energy Savings Surveyor then this would encompass most of the other rules above.
Having the client nursed through the Party Wall , What Is The Best Way To Clean Carpet? Act by someone else that knows what their doing is of great benefit to both the designer , Working Safely with Concrete & building , How to Substantially Cut Your Energy Bills owner & very rarely leaves any problems in their wake.
I wont explain here when & why the client needs to obtain Party Wall , A Quick Guide to Plastic Mailboxes Agreements with his neighbour as the legislation is quite complicated but generally only applies when the building , A Quick Guide to Plastic Mailboxes owner is excavating within 3 meters of a neighbours wall , Helpful Kitchen Remodeling Ideas or party fence/wall or completing works that would affect a party wall , The Bathroom - The Forgotten Area Of Your Home? or party fence.
Our 'Maximum Build Planning Guide' explains further the tactics involved when extending or developing a property , Bathroom Renovation for a Modern and Aesthetic Home Space & what areas can be exploited for developing land or a site for residential use. How to give yourself , The Latest Furniture Trends Today 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 , Choosing And Care Of Oriental Rugs give yourself , A 'How To' Guide to Home Energy Savings the best chance of being granted an approval.
http://www.planning-approval.co.uk |
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