New Build Next Door Saga

Scoflo

There is a house being built next door to us. Last June they excavated along the boundary (for their drains) and about a foot of my garden fell down and the fence, over time, has almost completely fallen down.:eek: A temporary fence has been put up at the back by the chap to keep my dogs safe. I did have to prompt for this.

The house is up and it causes some concern (to us) that there is no room for their vehicles to get past their house to their double garage. We have measured on the quiet:whistle: and unless they do away with a step and jump the foot down to ground level not even a smart car would get past. A dividing wall is to be put up to replace our fencing but the whole situation is really uncomfortable. The chap is seldom around to quiz and the internals are being worked on. It really is the house Jack built!

If they renege on building a new wall what are our rights? Do we go through our insurance to force a replacement fence? Does this become a legal thing where only solicitors win?

Would the house be accepted by building control without a step down (husband reckons 2 are needed). Could we be leaned on to offer some of our land? This is hubby's fear from the outset.:wall:

Only some of our worries but we need to start somewhere.

Any help appreciated.

Josepina

Look into the Party Wall Act, you have rights if they are building within a certain distance of the boundary line, 3 metres I think.
They should replace the fence.

edgex

They should reinstate whatever they have had to take down, or caused to fall down.
Inform them that you want this doing, asap, in writing. Keep a copy of course.

Make sure that the boundary line is marked out properly, so the wall/fence dosnt suddenly get put in the wrong place. Measure & mark it up yourself if you want.


They cant lean on you to offer some of your land. They could offer to buy some from you, but its still only an offer. They wouldnt have any right to buy or take.

baldelectrician

Take lots of photos.

Check with your title deeds- you should be able to get a copy. This will detail the boundaries

RLH33

If they are really getting on your nerves get in touch with the Council Planning Department as it is likely, although not guaranteed, that if they can't get car down the drive to the garage, that they have built in breach of their plans. Unless they have two parking spaces at the front it is unlikely that the Council would approve a house and garage where you can't actually drive to the garage.

Scoflo

It looks like Party wall Act doesn't apply in Scotland. It also looks like if it did its not a robust piece of legislation. :rolleyes2

I have my deeds and lost of photos and we have had a long (humorous) chat this morning. I pointed out I had been very patient and wanted my garden back. As the dog had escaped through his makeshift fence & my new car was covered in his sand I also told him I wasn't best pleased and he wasn't my favourite person right at that time.:mad:

I have also pointed out unless he is building a ramp and not a step he will not get a car down the driveway. He says he is looking into that. There is no room for parking anywhere else so I would be gutted if planning let that past.

I think I just have to bide my time and wait until he oversteps the mark and then jump on him from a great height.

Kiran

Hi

Steps and ramps also require building regs, ie eqaul height risers and approved gradients. If he can't get access past with steps then I would imagine the ramp would have to extend out even further. Gradients of 1:12 and 1:20 DA spring to mind. If these plans were approved by a competent planning authority and building regulations are monitoring construction properly, and I can only assume they have, they should have picked up on this. It wouldn't supprise me if the house is either larger than the accepted development or the building is in the wrong place. House builders don't normally employ setting out enginers to put them in the correct position.

missile

I would speak to the planning officer and make him aware of your concerns. BE NICE as you want him to side with you on any future disagreement.

Scoflo

Just an update.

This has got better and we have a rather unattractive wall now as an boundary. I am assured it will be harled in time. He is living in the house and can get a car past he tells us - but leaves it at the front.

he has annoyed the council by breaching their boundaries but they are leaving it at the moment - unless there at complaints.

Thanks for the help at the time - I was really overwrought. :beer: