Right To Light, Extension and Upset Neighbour

duncaf

We're about to build an extension on our terraced house within Permitted Development Rules. We have checked this through our council - and our builders are experienced and recommended.
We asked our neighbours for party wall consent - using a standard form -which they need to sign. One has refused. His main points are (nothing to do with party wall)
1. Loss of sunlight on his garden/windows
2. Fear of loss of security to his house - both during the build and when we have a roof ''within a meter'' of his upstairs window.
I'm worried as although I know this is not a party wall issue - and that we can build what we want under PD rules - can he take us to court IF it's found the wall we're building DOES take away sunlight? Would we have to demolish if we'd already built it?
Our builders are very relaxed about the extension (loads of them locally already) saying he can't do anything; surveyor generally advises the same.
Any info. on similar situations/legal position much appreciate - I didn't sleep!

stef73

Dont know if youve seen this http://www.planning-applications.co.uk/righttolight.htm . To get around party wall consent could you not build 1 brick in this is what we did with our rear extention to our terrace house .

iamcornholio

Those neighbour concerns are not Party Wall issues, and if this neighbour does not consent, the automatic dispute procedures area going to cost you a lot of money in surveyor fees - you pay the whole lot ... your surveyor's fees, the neighbour's surveyors fees, and a third sureyor's fees if necessary.

Rights to light are a complex area, but do not normally apply in the case of small domestic work.

You may be interested to know that the Party Wall Act carries no penalites if a person does not follow it or serve a notice - ie if you don't bother with it, then no action can be taken against you. If you don't serve a PW notice, then the neighbours only option is to apply to a court to get an injunction to make you apply for one - so unless this is a realistic possibility then many people would just carry on with the work.

Also if the PW Act only applies to the foundation work, then in the two days that a builder would take to place the foundations, the neighbour is unlikely to be able to have the time to engage any Solicitors, and so once the foundations are done, the PW Act no longer applies

Before serving a PW notice, you should be sure that the Act actually applies - many times it does not, but many people think that it does. This saves a whole lot of time trouble and expense

duncaf

We were advised by the building company that we must get PW agreement before they would build. They're well regarded and so we were assuming their advice was correct.
We accept we may have to pay surveyors for the PW - my real issue going forward is the right to light - as our neighbour is a determined man!
WE can't afford an ongoing legal battle about light through the courts - though most people seem to be telling us that this is almost unheard of in the case of small extensions on small terraces.
Thanks xx

ormus

loss of sunlight on his garden is not grounds for a refusal. loss of light in his window may come under the 45 degree rule.
but as been said, its virtually unheard of in your situation.

iamcornholio

Yes the builders are correct in that a PW notice should be served, but the point I tried to make is that it's a bit of a stupid Act in that if you did not serve notice, then there can be no come-back on you.

The builders would not be liable for any PW matters, as it is always the building owner who has duties under the Act. So you could see if the builders can be enlightened about this, or if need be give them a written disclaimer. They have discharged they duty to you in informing you of the PW Act

Otherwise, wait the prescribed time (depending on what part of the Act you are serving notice) and then appoint your surveyor who will make the award.

Rights of light are not an issue, and will not come under the Act or award. So if as you say the neighbour is determined, you may find that you go through the whole time wasting and expensive PW procedure, and then at the end of it your neighbour then decides that he wants to seek other legal redress which will delay you further (but cost him more)

You need to educate this neighbour and sort this out quickly if you think that he is stubborn and will be of the mind to pursue things legally.

Or just crack on with it.