Next Door Extension and Party Wall

Pssst

rajp wrote: »

Yeap - so 1st attempt will be to talk to them an get them to re-do their roof, they are fairly understand so far, and hopefully they will work with u on this.

So your neighbours accept that they have trespassed on your property? What do they say with regard to the initial planning and building of their extension? Surely their builder must have known what the issue was when he started to build? Did gthey think they would obtain some kind of squatters rights re the encroachment?

olias

rajp wrote: »

Really is this the only way, even though people encroach on to your property? I was thinking that if someone builds on your garden, then you have to right to knock it down? If someone builds an extension over my land, then dont I have any legal right?

Assuming they will not rip off and re do their roof and assuming they have followed their plans that were approved then you DO have a legal right. Unfortunately that legal right as stated, will entail a civil court case for which you unfortunately will have to pay.

I'm afraid your case shows that when neighbours are having work done it is in your interests to watch what they are doing extremely closely and step in if you believe they are doing wrong. After all you are talking about your most sizeable asset and investment.

It might be worth pointing out, that if you have a disagreement with your neighbour, then legally this HAS to be pointed out to any prospective buyer when you come to sell, and could easily cause a sale to fall through

Olias

planning_officer

I would still check the planning permission to see if the extension is larger than they got permission for - if so, it may save the civil/legal/ownership issues, as the Council may be able to get them to reduce it in size - although, it would have to be causing a planning issue for that to happen, like overshadowing your house/garden, appearing intrusive etc.

rajp

planning_officer wrote: »

I would still check the planning permission to see if the extension is larger than they got permission for - if so, it may save the civil/legal/ownership issues, as the Council may be able to get them to reduce it in size - although, it would have to be causing a planning issue for that to happen, like overshadowing your house/garden, appearing intrusive etc.

I have checked the plans they submitted and they show a straight wall, in line with the roof, so dont thinking planning officers allowed them to build like this. Will be talking to the building control people when they turn up for thier toughts.

planning_officer

If that's the case and the approved plans aren't being followed, then definitely ask planning enforcement to check it out. And don't rely on building control telling planning about it, as they often don't communicate very effectively!!