New neighbour planning fence that will block out light from living room

timothygeldard

Help! I live in a small basement flat in Wandsworth, having moved there 3 years ago, and the flat above me has just been sold. My new neighbour moved in this weekend and has said that he intends to build a fence between his and our gardens to ensure privacy. Although I appreciate his right to privacy, we already get limited light into our living room (through French doors) as the garden sits about 7/8foot below his, and is only about 3 meters from our living room windows. As such, adding a 1.5m fench to this could really reduce the amount of natural daylight into our room. I'm obviously keen not to make an enemy of my new neighbour (especially as we need him to fix his bathroom as there's water coming through the ceiling - but that's another problem!), but not sure how to approach this or what my rights are. Any help/advice would be greatly appreciated!!

withabix

There may be nothing you can do about the fence, unless he makes it more than 2m tall from the ground level in his garden, although you may have a 'right to light' as your building will undoubtedly be more than 20 years old.

Also, planning laws may restrict the height of the fence if it is in the front garden of the property.

As for the leak in your ceiling, have you told him about this? He should be sorting this out immediately. Is ther any damage to your ceiling? When did the leak start?

timothygeldard

Thanks withabix! Depressing news re: the fence. Think it could really affect our QOL in the flat and may even reduce its value. As for the leak, let him know yesterday when it first happened and he said he knew where it was coming from and would seal the leak. At least with the leak, if he doesn't do something about it, there's clear recourse.

Mojisola

This is a good free site for problems like this - https://www.gardenlaw.co.uk

Unless your house is quite new, you have a right to light so you should be able to stop him putting up his fence.

timothygeldard

Thanks Mojisola and Lexux09. Sounds like there may be some hope after all. Am planning to speak to them tonight and ask them to be considerate with their plans, maybe suggest they plant something there rather than erect a fence. If they do put something up and it cuts out the light, I guess I take it up with the council?

hethmar

I believe you have to have had the light for 20 years. This may be per owner rather than per building so you need to take advice. Certainly there is no set rules for right to light to gardens.

Is there any way you can use a solar tube thingy to get extra light into your property?

hethmar

Oh this may help:

http://www.walthamforest.gov.uk/index/environment/building-control/information-guide/right-to-light.htm

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=1005

Tigsteroonie

I would invite him around for coffee, and let him see how little light already reaches the room already, before then discussing the proposed fence. That way he can see for himself the extent of the problem (and understand that you're not objecting with no reason).

PasturesNew

If he puts it up, paint your side of it in bright magnolia - you'd be surprised how that might actually increase some light into your flat at times of the day when the light bounces off it. I had a neighbour over the road from me paint their house magnolia and when the sun was in the right place light would flood into my place even though that was a north-facing room.

full-time-mum

PasturesNew wrote: »

If he puts it up, paint your side of it in bright magnolia - you'd be surprised how that might actually increase some light into your flat at times of the day when the light bounces off it. I had a neighbour over the road from me paint their house magnolia and when the sun was in the right place light would flood into my place even though that was a north-facing room.

Or maybe some mirror tiles - obviously will depend what gets reflected but even if it doesn't increase the light, it might give the feel of a wider garden so at least you wouldn't be looking directly on to the fence.

Also, if he comes in for coffee, he may realise that you don't over look him as much as he thought - especially as you drop down below his garden. He may then be prepared to compromise with a smaller fence or maybe a trellis instead.

I symapthise with your plight, our kitchen window is 6/7 feet from the bottom of the neighbours garden and he has leylandi type trees planted. Fortunately, he keeps them relatively well trimmed but it does limit the light when they are due a cut.

Tippytoes

PasturesNew wrote: »

If he puts it up, paint your side of it in bright magnolia - you'd be surprised how that might actually increase some light into your flat at times of the day when the light bounces off it. I had a neighbour over the road from me paint their house magnolia and when the sun was in the right place light would flood into my place even though that was a north-facing room.

Go carefully. You are not allowed to paint/treat or erect anything to your side of a fence OWNED by a neighbour - without their express permission. Yes, not a lot of people know that. Just be aware in case you neighbour is.