Next door's extension!

NixNoo

Can anyone help please. We live in a semi detached bungalow, we’ve received a planning notification from our next door neighbours (who we are joined to). They are installing another dorma window this time to the back of the property (they’ve already built one on the front). They’ve had 6 extensions to various parts of their property – 1 of which we fell out over so they no longer talk to us. We don’t necessarily have a problem with them installing their dorma, even though it will overlook our garden BUT, recently, when we went into our loft, we noticed a huge bolt was through our loft wall and some bricks are off – this must be from when they installed the front dorma. Firstly, what can we do about the bolt and bricks as this must have happened a few years ago and secondly, what do we do about the next dorma they want? We don’t really want to fall out with them any more, especially as we’re thinking of an extension in the next couple of years, but we don’t want our property damaged. We are going to view the plans on Friday and we can speak to a planning officer – any suggestions appreciated.

Thanks
Nix

blossom30

Hi, Sorry to hear about your wee dispute. I think you should maybe approach your neighbour with the planning consent form and politely say you don't have a problem with the new window, however there was a minor bit of damage to your property on installation of the front window and could they have it sorted before installation of the new one. You can say you never mentioned it before because you weren't on speaking terms and didn't want to cause a further rift. Good luck..

jockettuk

shrewdal wrote:

Hi, Sorry to hear about your wee dispute. I think you should maybe approach your neighbour with the planning consent form and politely say you don't have a problem with the new window, however there was a minor bit of damage to your property on installation of the front window and could they have it sorted before installation of the new one. You can say you never mentioned it before because you weren't on speaking terms and didn't want to cause a further rift. Good luck..

yes this is what i would suggest, if they get funny abt it all you could say ok as the first one damaged our property we are within our rights to appeal against this one..

robnye

it sounds like they have affected the party wall...... there are new guidelines relating to this, which will possibly affect there new dormer window, requiring them to complete a formal letter of agreement between you both, if they dont then they wont get planning/building regs agreement

morwenna_macro

robnye wrote:

it sounds like they have affected the party wall...... there are new guidelines relating to this, which will possibly affect there new dormer window, requiring them to complete a formal letter of agreement between you both, if they dont then they wont get planning/building regs agreement

I agree. Sounds like they have breached the party wall, which they should not have done without going through the procedure laid down by the Party Wall etc Act (1996?). If the work was done less than 6 years ago, you could have a claim in trespass, nuisance (encroachment) and possibly breach of statutory duty (not following the Party Wall etc Act).

As stated above, it is probably best to try to restore amicable relations. It will be more cost-effective and less stressful if you can resolve it between you than by getting legal. Also, when you come to sell, you will have to declare any neighbour disputes and if they have been resolved. It always helps to know your rights, however.

NixNoo

Thanks to everyone who's replied. I would definitely like to resolve this amicably - if they are willing. I think the next step will be to view the plans with the planning officer, take any advise from him/her and then knock next door and tell them of our concerns and hopefully take it from there. If I need a mediator I'll let you know!! Appreciate the response everyone - many thanks.

payless

might find more info on http://www.gardenlaw.co.uk/
( its not all about gardens)

lush_walrus

When works are carried out on a party wall, as suggested it does indeed come under the Party Wall Etc Act. The act is in place to enable an agreement to be reached between both owners of the party wall prior to work taking place, which obviously has not been done. By law they are required to employ a party wall surveyor and give notice to you that work will be carried out, and you then employ your own party wall surveyor who reaches an agreement between yourself and your neighbour as to how the work should be dealt with and how to ensure that no damage occurs to the party wall. The costs of the party wall surveyor are to be met by the person carrying out the work, in this case your neighbour.

As a result your neighbours have inflicted criminal damage on your property.

With regards to the new dorma they are planning to install, it is up to you if you discuss the matter first with your neighbour, but if you do disagree with its addition you need to write to the planner (who has served you with notice) stating why you do not wish the window to be added. Overlooking is a good reason. But all letters received from neighbouring people are taken into account when the desision is made.

Do not state in the letter however anything to do with monitary losses as a result as that will not be considered.