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    • Kesteral
    • By Kesteral 10th Mar 18, 12:36 PM
    • 11Posts
    • 0Thanks
    House missold in regard to neighbours extension
    • #1
    • 10th Mar 18, 12:36 PM
    House missold in regard to neighbours extension 10th Mar 18 at 12:36 PM

    We bought a house in October and were informed before purchasing that the neighbours had planning permission for a 1st floor extension at the back to increase the length of their bedroom by 1 metre. The plans showed that the extension would be on the boundary line between our properties so we asked explicitly during the purchase process whether this was accurate.

    We received e-mails and signed documentation from the previous owners (through the estate agent/solicitors) saying that the neighbour would not build the extension astride the boundary line and that it would be built up to the boundary line instead. It was also confirmed no party wall agreement had been signed. We were happy with this and continued on with the purchase

    Fast forward to now and the neighbour has a builder who's started on the extension. When we got home one evening we noticed that the wall they've started building is astride the boundary. We questioned this the next morning by going round and asking. He and the builder (who was also there) were very understanding, but our neighbour told us that he made it fully aware to the previous owner what his intentions were and sat down with them and the architect to go through the drawings/plans in detail over a year ago.

    As a side note, it seems like the reason they are building astride the boundary is due to the foundation beneath it.

    The neighbour has asked us to have a think about what we want to do before they continue any work. Now I need to think about our options.

    Should we contact the estate agent/solicitors and say that the house has been missold to us and we want compensation? I do think there's a chance this could hurt the valuation when it comes to reselling in the future.

    We don't want to fall out with our current neighbours as they've been very nice and haven't done anything wrong, apart from not getting us sign a party wall agreement before the work started, but at the same time I'm not comfortable with this after going through all of the hassle to have it previously confirmed that they weren't building astride the boundary. I don't want to lose out here.

    Any help would be greatly appreciated.
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    • Doozergirl
    • By Doozergirl 10th Mar 18, 3:21 PM
    • 24,668 Posts
    • 67,804 Thanks
    a lot easier to get money out a company who will either A) have the money, or B) have insurances etc in place. Rather than a private individual who simply may not have the funds (or at least can make it seem that way)

    I don't understand, Surely planning permission etc is granted on exact specifications, where walls will be situated etc?
    Originally posted by glentoran99
    Sort of, but not really. If they make their extension 15cm than the plans, that doesn't affect the PP as the permission is for the maximum. A slight deviation to the smaller side is never going to be to anyone else's detriment and so another application would be a waste of everyone's time and it wouldn't remove the first permission for the slightly larger extension anyway.

    The party wall issue is none of the planning department's business.

    Generally if you have more questions to ask than answer on a thread it's probably best to just pose the questions and not offer advice .
    Last edited by Doozergirl; 10-03-2018 at 3:24 PM.
    Everything that is supposed to be in heaven is already here on earth.
    • DaftyDuck
    • By DaftyDuck 10th Mar 18, 3:34 PM
    • 4,034 Posts
    • 8,312 Thanks
    ...we asked whether we could meet the neighbours before purchasing the property to discuss the extension plans and we were told by the estate agent/previous owners that we couldn't.
    If course you could. You walk up to their front door and knock on it. If you are fussed about what they might be planning to do, you find out directly.

    You may just have a weak case against the seller, but I doubt it. One reason why it will be so weak is you did no checking yourself, relying only on second hand of third hand hearsay.
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