Next door neighbour building an extension
Discussion
My next door neighbour has just popped round to say they've prepared plans for an extension.
I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
It's important to get on with your neighbours in the long term so I'd look at this with an open mind. Don't forget that the local authority will be checking that rules are complied with. Unless you lose a load of light or the view becomes awful it may be ok in the long term. Go see what they propose, have a think about it and decide if it'll lower the quality of your life or the value of your property.
Down load the details of the Party Wall (etc) Act which gives initial guidance on where walls can be built, and sets out controls to ensure that they do not cause any damage during the construction works.
Ask them how they intend to gain access to your land for construction and maintenance (decorating, brick pointing, render repairs etc) then ensure there is an agreement drawn up.
Also remember that their development may have a bearing on any extension potential for your house. If he builds up to the boundary, you can't...! The Planners will want to avoid a terrace effect and may restrict him anyway, but talk to them and then ask yourself if you realy are comfortable with the development.
Paul
Ask them how they intend to gain access to your land for construction and maintenance (decorating, brick pointing, render repairs etc) then ensure there is an agreement drawn up.
Also remember that their development may have a bearing on any extension potential for your house. If he builds up to the boundary, you can't...! The Planners will want to avoid a terrace effect and may restrict him anyway, but talk to them and then ask yourself if you realy are comfortable with the development.
Paul
I think you can object due to rights of light but not due to any views which may be lost.
I also believe that the foundation needs to be on their land so giving a gap where the wall isn't as thick as the foundation.
If things become a problem it might be worth looking at employing a party wall surveryer who's cost would i think be paid by your nieghbour
I also believe that the foundation needs to be on their land so giving a gap where the wall isn't as thick as the foundation.
If things become a problem it might be worth looking at employing a party wall surveryer who's cost would i think be paid by your nieghbour
speedy_noo said:
My next door neighbour has just popped round to say they've prepared plans for an extension.
I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
Speak to your local planners, I have found mine very helpful.I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
Also many councils have very detailed websites about planning and rules do vary from area to area.
Go and look at the plans, get an idea on what they are proposing and then tell them you need to have a think about it. Think about how its REALLY going to effect you…. Approach your local planning officer and ask for a bit of advice.
If they say its gong to comply with local planning regulations you are on a loser. Complain and object as much as you like and it will still get built and you will have ended up falling out with next door.
When we built our extension all three opposite objected. They went to the planning committee, the parish council, their local councillor, anyone who would listen. As it complied with local planning regulations their objections were discounted. We built it anyway.
The guy on Grand Designs a few weeks ago had 90 objections to his build! It still went through though….
If they say its gong to comply with local planning regulations you are on a loser. Complain and object as much as you like and it will still get built and you will have ended up falling out with next door.
When we built our extension all three opposite objected. They went to the planning committee, the parish council, their local councillor, anyone who would listen. As it complied with local planning regulations their objections were discounted. We built it anyway.
The guy on Grand Designs a few weeks ago had 90 objections to his build! It still went through though….
The Surveyor said:
Down load the details of the Party Wall (etc) Act which gives initial guidance on where walls can be built, and sets out controls to ensure that they do not cause any damage during the construction works.
Ask them how they intend to gain access to your land for construction and maintenance (decorating, brick pointing, render repairs etc) then ensure there is an agreement drawn up.
Also remember that their development may have a bearing on any extension potential for your house. If he builds up to the boundary, you can't...! The Planners will want to avoid a terrace effect and may restrict him anyway, but talk to them and then ask yourself if you realy are comfortable with the development.
Paul
Thanks very much for the tip on the Party Wall Act. Just working my way through it now. Ask them how they intend to gain access to your land for construction and maintenance (decorating, brick pointing, render repairs etc) then ensure there is an agreement drawn up.
Also remember that their development may have a bearing on any extension potential for your house. If he builds up to the boundary, you can't...! The Planners will want to avoid a terrace effect and may restrict him anyway, but talk to them and then ask yourself if you realy are comfortable with the development.
Paul
andye30m3 said:
I think you can object due to rights of light but not due to any views which may be lost.
I also believe that the foundation needs to be on their land so giving a gap where the wall isn't as thick as the foundation.
If things become a problem it might be worth looking at employing a party wall surveryer who's cost would i think be paid by your nieghbour
A couple of point is response:I also believe that the foundation needs to be on their land so giving a gap where the wall isn't as thick as the foundation.
If things become a problem it might be worth looking at employing a party wall surveryer who's cost would i think be paid by your nieghbour
You have to actually acquire a Right of Light first before you can object to adjoining developments on this basis. The Planners at the Local Authority may ask for a Daylight and Sunlight assessment as part of the planning application process, to ensure that the daylight to your property remains at an acceptable level. This is totally separate from Rights of Light.
Foundations can extend on to a neighbours land, if required, to build up a wall at the boundary line between the properties.
If the extension works are notifiable under the Party Wall ect. Act 1996, your neighbours will first need to serve you with a legal Notice. You may then appoint a Surveyor, whose fees are normally covered by the developing neighbour.
HTH.
Edited by Mandat on Wednesday 30th January 21:44
Edited by Mandat on Wednesday 30th January 21:45
At least they have informed you at this stage which is better than not saying anything at all. Someone is doing this at the end of my road (30's semis), and I know I'd be gutted if it was next door to mine.
Personally I don't get why people don't just move to a bigger house if they need more space - they'll rarely get the cost of the extension back anyway!
Personally I don't get why people don't just move to a bigger house if they need more space - they'll rarely get the cost of the extension back anyway!
I'd echo the "talk to your local planners" advice, go in and see someone.
As a practical point, if they get consent, do ask the LPA to consider putting restrictions on regarding when they can carry out works. Our neighbours built a two storey extension in the evenings and weekends for two years - I would not wish that on anyone and it's very difficult to object to if they say "it's just DIY", it would have been a lot easier if restrictions had been put on their consent to reflect the nature of the residential area.
As a practical point, if they get consent, do ask the LPA to consider putting restrictions on regarding when they can carry out works. Our neighbours built a two storey extension in the evenings and weekends for two years - I would not wish that on anyone and it's very difficult to object to if they say "it's just DIY", it would have been a lot easier if restrictions had been put on their consent to reflect the nature of the residential area.
speedy_noo said:
My next door neighbour has just popped round to say they've prepared plans for an extension.
I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
Remember, they might want a gutter along the side of their extention, so you might find that hangs over your side, onto your property. Sort that out before you let it go much further. Not sure if they are allowed to do it actually, but it means losing a foot of their internal space if they do have to keep it on their side.I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
speedy_noo said:
My next door neighbour has just popped round to say they've prepared plans for an extension.
I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
I am in a similar situation, but local council have passed plans[went through very quickly too]I did meet with PO with my concerns but to no avail. I'm going round to look at their plans tomorrow and would like a vague idea of my rights first, as they'll no doubt be seeking my informal approval.
Our houses are both 1930's semi's with driveways running down the side to a garage at the back. The neighbour looking to extend is the one where our boundaries are linked by the driveways i.e. its not the neighbour who's house adjoins mine.
Anyway, its sounds like their extension will run all the way down the side of their house. It will incorporate a garage so based on required width would almost certainly go right to the boundary. Can they actually build right to the boundary (essentially building where a boundary wall once stood) or do they need to build inside their land? I also assume that either way they'll have to use our drive for scaffolding etc (do they need permission for this?).
Either way, our drive will be like a tunnel and as we have windows facing the side, this will reduce light in our property. I don't think anyone has done anything similar in our street so no president (spl?) set, but could be wrong.
I obviously want to be as fair as possible to them but am a bit worried at the moment. Does their proposal sound reasonable? Is there actually any point in challenging even if I'm unhappy with it?
Sorry for the long post. Any advice greatly appreciated.
Is it a single storey they are planning?
Email me and I will fill you in the concerns I had
Mandat said:
A couple of point is response:
You have to actually acquire a Right of Light first before you can object to adjoining developments on this basis. The Planners at the Local Authority may ask for a Daylight and Sunlight assessment as part of the planning application process, to ensure that the daylight to your property remains at an acceptable level. This is totally separate from Rights of Light.
A Right of Light will be "acquired" by being enjoyed uninterrupted for 25 years or more. However the light that you have a right to is actually surprisingly small. It is also costly to calculate (Wiegand diagrams IIRC which require quite a lot of measuring and calculating by people who know how to do it).You have to actually acquire a Right of Light first before you can object to adjoining developments on this basis. The Planners at the Local Authority may ask for a Daylight and Sunlight assessment as part of the planning application process, to ensure that the daylight to your property remains at an acceptable level. This is totally separate from Rights of Light.
The light in question is not direct sunlight, just skylight, unless your case is exceptional (there was a recent case where a greenhouse was judged in court to have rights to sunlight).
If you do go down that route, you can object to the plans on that basis. If the plans are passed regardless and you believe you have a strong case then you can bring a civil action against the neighbour to stop them building. If you do do that, you have to do it quickly and give the neighbour plenty of notice of your intentions. If the building is already built, the courts have historically tended to award compensation rather than ordering that the building be removed (althugh that does happen from time to time, too!).
BTW if objecting to the plans, ensure that you do so on actual planning grounds, which are legally defined. The more opinion you put in in my experience, the less weight the planners will give to it.
Also bear in mind that most planning decisions are made by Planning Officers under what are called Delegated Powers, i.e. the planning committee have delegated powers to the PO to deal with some cases. In many councils the only way to get a "simple" extension in front of a full planning meeting (and potentially get an opportunity to address the committee) is to get enough signatures of objection from other neighbours. Again, worth asking the PO about if you're trying to kill this one.
Mandat said:
Foundations can extend on to a neighbours land, if required, to build up a wall at the boundary line between the properties.
If the extension works are notifiable under the Party Wall ect. Act 1996, your neighbours will first need to serve you with a legal Notice. You may then appoint a Surveyor, whose fees are normally covered by the developing neighbour.
HTH.
IF the wall between the properties is a party wall, IMHO any extension works along or near the boundary requiring foundations will be notifiable, as would removing and rebuilding the wall or incorporating it in the new extension.If the extension works are notifiable under the Party Wall ect. Act 1996, your neighbours will first need to serve you with a legal Notice. You may then appoint a Surveyor, whose fees are normally covered by the developing neighbour.
HTH.
Sounds like they're telling you so that you don't appeal.
We had similar but my neighbour who we always got on with previously put in an appeal which was overrulled.
We're in London and if we build to the boundary the front would have had to have been set back 2m. We left a 1m gap down the side so they allowed a 1m setback.
Because work is being done on the boundary, and that an imaginary 45 degree line drawn up from the botton of their excavations would bisect your wall, they need to get approval under the Party Wall Act when the work finally goes ahead.
Here a surveyor would draw up an award to make sure that your house is not affected.
They must bear the cost of both your surveyor and theirs.
Most people have one surveyor to act for both meaning reduced costs.
We're about to start on a 2 storey side and singe rear extension and have spent an extra £1k on surveyors because my neighbour insisted on seperate ones - despite them having act properly and me offereing to let her pick a surveyor to act for us both. To me its £1k down the drain which I'd rather have given to charity than waste uncessesarily.
We had similar but my neighbour who we always got on with previously put in an appeal which was overrulled.
We're in London and if we build to the boundary the front would have had to have been set back 2m. We left a 1m gap down the side so they allowed a 1m setback.
Because work is being done on the boundary, and that an imaginary 45 degree line drawn up from the botton of their excavations would bisect your wall, they need to get approval under the Party Wall Act when the work finally goes ahead.
Here a surveyor would draw up an award to make sure that your house is not affected.
They must bear the cost of both your surveyor and theirs.
Most people have one surveyor to act for both meaning reduced costs.
We're about to start on a 2 storey side and singe rear extension and have spent an extra £1k on surveyors because my neighbour insisted on seperate ones - despite them having act properly and me offereing to let her pick a surveyor to act for us both. To me its £1k down the drain which I'd rather have given to charity than waste uncessesarily.
VxDuncan said:
Personally I don't get why people don't just move to a bigger house if they need more space - they'll rarely get the cost of the extension back anyway!
A few years ago we were in that situation. We could find nothing we liked for the money we were prepared to spend, so extended the house. It was detached though.We sold it in 1998 and about three years ago it was on the market for almost twice what we sold it for. The new owners had converted the garage into a fifth bedroom.
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