worth the hassle?

[jamie128]

My friend's neighbour is building a conservatory and he has measured the ground up and its going to extend to around 3.5 metres, after 3 metres they are supposed to go through the neighbour consultation scheme but would it be worth it to potentially fall out with neighbours and would it even stop them building? Its right up to the boundary line aswell i cant believe your allowed to do that.

[untruth]

There are way more qualified people here than me on this issue but just FYI, the neighbour consolation scheme doesn't give neighbours an unlimited right to block applications - they would have to have a good reason for objection in the same vein as a full planning application.

[nails1979]

Just put a 6 foot panel fence right next to it and then laugh at their stupidly. Make sure the gutters don't end up pointing at your side with no runoff into drains etc.

[jamie128]

untruth said:

There are way more qualified people here than me on this issue but just FYI, the neighbour consolation scheme doesn't give neighbours an unlimited right to block applications - they would have to have a good reason for objection in the same vein as a full planning application.

Yeh i know hence me wondering if it would be pointless for him to object because he might get on bad terms and not actually block it

[Number 7]

You're already on bad terms if he hasn't even spoken to you about it. The Party wall act may apply depending on how close to your own building his groundworks will be.

[jamie128]

Number 7 said:

You're already on bad terms if he hasn't even spoken to you about it. The Party wall act may apply depending on how close to your own building his groundworks will be.

Thats only if the foundations go lower than the houses

[jamie128]

Does anyone know if neighbours have much of a power.

[Vaud]

jamie128 said:

Thats only if the foundations go lower than the houses

http://www.theguardian.com/money/2013/mar/14/home-extensions-plans-party-wall
https://www.gov.uk/party-wall-etc-act-1996-guidanc...

Worth double checking. If a structure is built on a boundary then I think it applies.

[Mr GrimNasty]

jamie128 said:

Number 7 said:

You're already on bad terms if he hasn't even spoken to you about it. The Party wall act may apply depending on how close to your own building his groundworks will be.

Thats only if the foundations go lower than the houses

Simplistically:-

If they do not have the permission of the neighbour they cannot build a wall astride the boundary, full stop.

They should not place foundations under neighbors land (as necessary to build immediately adjacent but not astride the boundary) without invoking the PWA (regardless of depth). Neighbour cannot stop placement of such ordinary foundations.

If the walls/foundations are set back, as you say, PWA may still apply because of foundation depth.

Of course locating the boundary to such precision to cater for these situations is often just about impossible.

[decadent]

Probably not worth falling out with a neighbour over, but I've got a conservatory that someone built up to the boundary and cleaning it is a PITA as I have to go round to my neighbour to get access.

Forutnatley we are on good terms but dirty conservatories look a mess if you can't get around there. Seems silly to build up to the bourndary when you need semi regualry access.

[jamie128]

I think the wall is 1 inch from boundary

[Number 7]

jamie128 said:

Thats only if the foundations go lower than the houses

When I looked at this a few years back, I don't remember it being that simple - there are distances and angles involved.

[AlmostUseful]

I believe (and I'm doing this from memory) there is a 3m and a 6m rule. You need to serve notice under the PWA if you're excavating within 3m of an adjoining property or if you're within 6m and are going deeper than the adjoining properties foundations.

So it could potentially need party wall consideration regardless.

Of course these things can be much cheaper and less legal if people just spoke to each other.