Nuissance construction neighboring rented property

darbooka

If there is a rented property with tenants, and two houses away there is a
a house being extended in a major way with an entire floor being built:

a. Should the neighboring renting tenants have had to be informed that the construction would take place and should they have been given an opportunity to object (or is it just the landlord who has such right); and

b. Where very noisy building work is taking place at non-conventional hours including Saturdays and Sundays and disturbing the tenant's children's naptimes, can the tenant's claim compensation from either their landlord or the landlord where the construction is taking place? ;

c. And is there a local authority or any other authority that can enforce more normal hours for the building work to take place? Are there any statutory guidelines for permitted residential building work hours?

Bossyboots

The local environmental health office is responsible for noise nuisance so they should be approached in that respect. However, noise nuisance is defined as something that a reasonable person would find a problem. Unfortunately this does not take into account children (or adults on night work) needing to sleep during the day. It would however cover non-conventional times, particularly the weekends when the majority of people expect to be able to rest and relax in their own homes.

If the tenants did not receive a notice from the council about the works (and in fact it would have been all the neighbours up to about five doors away each side) then the chances are these works have not been subject to planning permission, either because they fall outside or because it wasn't applied for. A check with the planning department (some councils use onlineplanning.co.uk for placing their applications online, that might be worth a check) might be in order.

darbooka

Bossyboots thank you for the helpful info!
I think the website you meant was http://www.onlineplanningoffices.co.uk/. The one you listed is not active.

Regarding the conventional notice from the Council, would it be in the form of a letter delivered to the tenants or would the Council send it to the landlords at their distant address?

Also, if the tenants did not recieve any such notice prior to the building works, is it plausable that someone would undertake to build an entire additional floor to a home without obtaining permission first?

Lastly, if there was no permission obtained and the works are deemed a nuissance could the tenants seek compensation from their landlords?

Bossyboots

darbooka wrote:

Bossyboots thank you for the helpful info! Regarding the conventional notice from the Council, would it be in the form of a letter delivered to the tenants or would the Council send it to the landlords at their distant address?
Also, if the tenants did not recieve any such notice prior to the building works, is it plausable that someone would undertake to build an entire additional floor to a home without obtaining permission first?

The letters would be sent simply to the neighbouring properties. The planning department will not go through any records to see who is living where so they would not even know if a property was tenanted.

Yes, it is plausible that someone would undertake a huge building project without permission simply because most councils are toothless and will grant it retrospectively. One of our local (nationally known) building companies constructed all the footings and first floor of flats they had actually been refused permission to build. That full block is now completed and sold.

On the other hand, a few streets away a family knocked down their garage and builty a two storey extension without permission. They were ordered to knock it down and despite appealing that, it was eventually destroyed. That is unusual round here though. Despite protests from neighbours, our local council rarely orders illegal structures to be demolished.

I cannot see any reason why the tenants would have a claim against the landlord.

darbooka

If the tenants continue to endure ongoing nuissance at unconventional hours, can they claim against the owner of the building site, or the council for not notifying prior to works, or anyone else? Or can the legally tenants force their landlords to intervene on their behalf?

Bossyboots

It is up to environmental health. They need to assess the situation and decide whether there is a nuisance. They can speak to the owners of the property and if necessary take action against them. However, it is unlikely anyone will be on duty to monitor the weekend noise but unless you speak to them, they will be unable to help at all.

Ultimately, the tenants could take action against the owner of the building site and environmental health should be able to advise on how to do this.

I doubt there is any recourse to the council. I still think this may be an unapproved construction.

There is nothing the landlord can do that the tenants can't do for themselves. They are the people suffering the noise nuisance, not the landlord.

silvercar

If you have not lived in your house for long, the notice of planning application could have arrived before you moved in. People don't always start building works the minute planning permission is granted.

Rubyru_3

In our area Planning permission is valid for 5 years from date of approval.Road
contractors normally can't start work until 8am on a sunday and have to be finished between 3-4 but I am not sure about building work.It could be classed as DIY if they are doing it themselves.

I think the easiest solution would be first to ring your local planning office to see if they have PP.They will be able to help you with time restrictions ect/

darbooka

Thanks silvercard and rubyru,
If it transpires that planning permission was given some years ago, and the tenants have been in residence 18 months, then woudl the landlords and their agents have had a duty to notify the tenants that planning permission for such a major project two doors away was pending?

BobProperty

darbooka wrote:

Thanks silvercard and rubyru,
If it transpires that planning permission was given some years ago, and the tenants have been in residence 18 months, then woudl the landlords and their agents have had a duty to notify the tenants that planning permission for such a major project two doors away was pending?

You seem intent on blaming the landlord for the tenants not knowing about this. What would your view be if the tenants received the notifications of the planning application, which they would, addressed to the occupier, which they were, and they read it or ignored it and never told the landlord about it?
Surely the duty of care in carrying out this work is down to the owner of the property. The builder he has employed to carry out the work should do so in a proper manner. Not doing work out of hours, not creating excessive noise, dust etc. Where does the landlord come into it?

nmiah786

You need to take on board what the other users have already said and explore those. I dont think you will be able to get anything out of the Landlord at all......