Neighbours putting up garden building & renting it out
Discussion
We're on pretty good terms with our neighbours. A little while back they told us that they would be putting up a wood framed "Summer house" in their back garden next to the fence with our garden for them to use as a study/office. They put up a pretty large building - I was a little surprised when I saw them plumbing it into the sewer system and putting in a toilet, but just shrugged it off.
Winding forward a few months, and it's pretty obvious now that they are acually renting the place out as a flat. It appears to be short leases - there are different people coming and going all the time.
Now I'm in two minds what to do. I know that it's illegal to use a building like that as a dwelling place without planning permission (which probably wouldn't be granted if they tried). On the other hand it hasn't caused us trouble at the moment (except a bit of noise, but nothing out of hand.)
What would people recommend? I can't afford to have a "Neighbour dispute" as it would affect our ability to sell our house when the time comes, so I'm reluctant to approach them directly.
Cheers
Winding forward a few months, and it's pretty obvious now that they are acually renting the place out as a flat. It appears to be short leases - there are different people coming and going all the time.
Now I'm in two minds what to do. I know that it's illegal to use a building like that as a dwelling place without planning permission (which probably wouldn't be granted if they tried). On the other hand it hasn't caused us trouble at the moment (except a bit of noise, but nothing out of hand.)
What would people recommend? I can't afford to have a "Neighbour dispute" as it would affect our ability to sell our house when the time comes, so I'm reluctant to approach them directly.
Cheers
spookly said:
Have you looked to see if they have listed it on Air BnB?
That might be what they've done... and would explain the quick turnover of multiple occupiers.
I did have a look a few weeks ago! Couldn't find it at the time, but we're near to a Uni campus, so it may be they have it listed there.That might be what they've done... and would explain the quick turnover of multiple occupiers.
ClaphamGT3 said:
If it's not causing any real disturbance, I would applaud their enterprise and get on with your life - at least they haven't put feral teenagers in it like one of our near neighbours did with their garden room!
Doing nothing has been my approach so far, so that makes sense. I did read somewhere that if a place without planning permission stands without objections for a number of years it is deemed to have permission by default. Anyone know if that could apply in this case? That would change my approach if it did.
stair said:
I did read somewhere that if a place without planning permission stands without objections for a number of years it is deemed to have permission by default. Anyone know if that could apply in this case? That would change my approach if it did.
Not my specialist field but I would imagine the clock you refer to can only start running once the planning authority has, or could reasonably be expected to have, knowledge of the infringement. Pretty sure that was the crux of the case in the news last year about the guy who had built a bloody great castle-like house without planning permission but had "hidden" it behind a big wall of hay bales so it wasn't visible from the public highway. He was trying to run out the clock but the court was having none of it.
Lurking Lawyer said:
stair said:
I did read somewhere that if a place without planning permission stands without objections for a number of years it is deemed to have permission by default. Anyone know if that could apply in this case? That would change my approach if it did.
Not my specialist field but I would imagine the clock you refer to can only start running once the planning authority has, or could reasonably be expected to have, knowledge of the infringement. Pretty sure that was the crux of the case in the news last year about the guy who had built a bloody great castle-like house without planning permission but had "hidden" it behind a big wall of hay bales so it wasn't visible from the public highway. He was trying to run out the clock but the court was having none of it.
Tom_C76 said:
Lurking Lawyer said:
stair said:
I did read somewhere that if a place without planning permission stands without objections for a number of years it is deemed to have permission by default. Anyone know if that could apply in this case? That would change my approach if it did.
Not my specialist field but I would imagine the clock you refer to can only start running once the planning authority has, or could reasonably be expected to have, knowledge of the infringement. Pretty sure that was the crux of the case in the news last year about the guy who had built a bloody great castle-like house without planning permission but had "hidden" it behind a big wall of hay bales so it wasn't visible from the public highway. He was trying to run out the clock but the court was having none of it.
OP, you could always phone the planning department on a no names basis to ask what the position is in relation to works which you believe permission should have been sought for but wasn't.
If that confirms what seems to be the position in relation to the 4 year limitation period running from the date of construction, in the absence of deliberate concealment, you then need to decide whether you want to rock the boat with your neighbours.
If that confirms what seems to be the position in relation to the 4 year limitation period running from the date of construction, in the absence of deliberate concealment, you then need to decide whether you want to rock the boat with your neighbours.
Edited by Lurking Lawyer on Tuesday 11th October 13:39
My neighbours did exactly this to their Grade II listed property. They told me they were going to put up a 'shed' and put up a brick-built Swiss Chalet style cottage with a kitchen & loo.
All hell broke loose when the other neighbours reported them to the Planning people, resulting in a neighbour-war.
I was renting at the time so just moved out.
You can always phone the planning department and ask for details about the new building next door. Planners are usually quite helpful.
All hell broke loose when the other neighbours reported them to the Planning people, resulting in a neighbour-war.
I was renting at the time so just moved out.
You can always phone the planning department and ask for details about the new building next door. Planners are usually quite helpful.
Slushbox said:
My neighbours did exactly this to their Grade II listed property. They told me they were going to put up a 'shed' and put up a brick-built Swiss Chalet style cottage with a kitchen & loo.
All hell broke loose when the other neighbours reported them to the Planning people, resulting in a neighbour-war.
I was renting at the time so just moved out.
You can always phone the planning department and ask for details about the new building next door. Planners are usually quite helpful.
No need to phone if all you want to do is check, all planning applications, whether approved or rejected, are on the council website. Beyond that, if you actually want the planners to act you're likely to need to email their enforcement team, as they tend not to have time to act on every breach unless pressed.All hell broke loose when the other neighbours reported them to the Planning people, resulting in a neighbour-war.
I was renting at the time so just moved out.
You can always phone the planning department and ask for details about the new building next door. Planners are usually quite helpful.
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