PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Neighbours extension being built across boundary in my garden
Lyndylou
Posts: 259 Forumite
Hi Guys I'm in need of some advice.
I'm a secure council tenant of over 30 years, have lived in this property 28 + years and pay full rent with no arrears.
Last year the council built an extension to the back of my property as the kitchen was deemed too small. This year my neighbour also a council tenant is having hers done.
On 23rd June I happened to notice that the builders working on the neighbours extension had taken down part of my wall and cut into my patio slab to lay bricks for the outer wall of the extension on what was part of my garden. It is clear for anyone to see that they have encroached the boundary line.
I contacted the council and spoke to someone in charge of the building works, they sent the site manager of the builders they employed and he agrees that it has breached the boundary and called his boss, who said to take the wall down and build in the correct place and make good the damage that has happened to my wall and patio slab.
Next day I can hear them knocking the wall down so go off to work, I come home and the builders have left but they have rebuilt the wall in the same place, next morning I ask why? to be told the council have told them to carry on, they agree it's wrong but are being paid to do a job. I call up the council again and I'm told they own both properties so can build where they like, there is nothing I can do as I don't own the house.
I have had someone from planning round and although he agrees it's not right, the extension has complied with planning regarding size so there is nothing they can do as it's a boundary/party wall issue.
Sorry for such a long post but does anyone have any idea what i can do next. We were thinking of putting in for the right to buy at some stage but I'm pretty sure we wouldn't be able to sell.
Thank you for reading.
Pictures here, first 2 are of my extension showing the boundary and my patio wall before neighbours extension was started https://postimg.org/gallery/llyqq97i/
I'm a secure council tenant of over 30 years, have lived in this property 28 + years and pay full rent with no arrears.
Last year the council built an extension to the back of my property as the kitchen was deemed too small. This year my neighbour also a council tenant is having hers done.
On 23rd June I happened to notice that the builders working on the neighbours extension had taken down part of my wall and cut into my patio slab to lay bricks for the outer wall of the extension on what was part of my garden. It is clear for anyone to see that they have encroached the boundary line.
I contacted the council and spoke to someone in charge of the building works, they sent the site manager of the builders they employed and he agrees that it has breached the boundary and called his boss, who said to take the wall down and build in the correct place and make good the damage that has happened to my wall and patio slab.
Next day I can hear them knocking the wall down so go off to work, I come home and the builders have left but they have rebuilt the wall in the same place, next morning I ask why? to be told the council have told them to carry on, they agree it's wrong but are being paid to do a job. I call up the council again and I'm told they own both properties so can build where they like, there is nothing I can do as I don't own the house.
I have had someone from planning round and although he agrees it's not right, the extension has complied with planning regarding size so there is nothing they can do as it's a boundary/party wall issue.
Sorry for such a long post but does anyone have any idea what i can do next. We were thinking of putting in for the right to buy at some stage but I'm pretty sure we wouldn't be able to sell.
Thank you for reading.
Pictures here, first 2 are of my extension showing the boundary and my patio wall before neighbours extension was started https://postimg.org/gallery/llyqq97i/
0
Comments
-
They do own both properties. They have absolutely no obligation to preserve the future value of the house should you ever buy it.
This doesn't seem to materially affect what you are getting for your rent, and if it does, you can just move out.0 -
ScorpiondeRooftrouser wrote: »They do own both properties. They have absolutely no obligation to preserve the future value of the house should you ever buy it.
This doesn't seem to materially affect what you are getting for your rent, and if it does, you can just move out.
Whilst I agree they have no obligation to preserve the value of the property, do they not have an obligation to inform or ask permission to destroy part of a wall and patio slab.
Surely as a secure tenant I have a right to be consulted/given notice if they need to enter/change what I have been paying rent for.
The planner has made the mistake with the drawings, (according to the planning officer). The plans show the extension wall to be built across the existing back door like mine was, this has been built across my bricked up doorway.0 -
Bear in mind that there isn't (yet) a legal boundary between the two houses, because they're in the same ownership. There'll be one created when the first house is sold off, which is when you want to make sure that the deed plan is drawn up to accurately reflect what's on the ground.0
-
Whilst I agree they have no obligation to preserve the value of the property, do they not have an obligation to inform or ask permission to destroy part of a wall and patio slab.
Surely as a secure tenant I have a right to be consulted/given notice if they need to enter/change what I have been paying rent for.
Does half a patio slab make a material difference to what you are paying for? As I say, if so I would suggest you give notice.0 -
Doesn't look like it negatively affects you at all.
Just ask the council for confirmation that the division of the garden is still in the same place and that the garden boundary doesn't extend from the new wall.
Once you've got that in writing I don't see how anything could cause you problems in the future. Even if you owned the house, you'd only have lost a useless strip of landChanging the world, one sarcastic comment at a time.0 -
We were thinking of putting in for the right to buy at some stage but I'm pretty sure we wouldn't be able to sell.
If you were ever to market the house you haven't yet bought, the potential purchasers would only see what's there; not how things were originally.
They'd probably realise there is a kink in the boundary line, but that's quite common with older property. Provided the title documents accurately reflect that, there would be no problem.0 -
You are treating the property as if you already own it. You don't. The fact that you might do in the future is irrelevant, so is the fact you've been in the house for 30 years.0
-
I hsve a neighbour who owns three houses in a row, his own house is in the middle, the other two are rented.. He has taken most of the garden of the two adjoining houses and left them with just a tiny square, big enough to put bins and a patio table. He is entitled to do this as all the land is his.
Having looked at your photos, I don't think it affects your house at all negatively.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
If you really wanted to pursue this, although I do agree with previous posters, then I would contact a Party Wall Surveyor. The works that have been carried out fall under the Party Wall Act and you should have been notified if you have a 12-month tenancy or more. However the PWA does not have any power for works already carried out but you can stop the works if ongoing.
This isnt really a planning issue and TBH I am surprised they even came out to have a look.
EDIT: Also worth pointing out that even if this work was notifiable under PWA there wouldn't be an issue as you are allowed to build a wall astride a boundary. It then, if two separate owners, becomes a party wall and jointly owned.0 -
There's one image showing a 1" gap between the new extension wall and OPs rendered wall. I'm surprised the council surveyor approved that, it makes for an un-maintainable wall that can be highly susceptible to damp. How would that wall be re-rendered ever? Were I the surveyor, I'd insist on the two walls being joined to prevent water/damp ingress.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.6K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards