Neighbours house extension...not sure where I stand?

olly300

LGDNUFC wrote: »

My OH agrees with you and doesnt and probably wont grant them access if they need it...but then what happens then??

They either:
1. Will ignore you causing a neighbour dispute - this depends on how your house and garden is laid out. For example if it's fences they could take them down. (Though a woman with young children threatening male builders with the police for something would probably make the builders down tools and leave.)

2. Not be able to build the extension until you move out if you move within the next few years* This will cause you problems when selling as a search reveal they have planning permission for an extension.

I personally would wait and see what happens.


*I can't remember the time frame that planning permission is valid for.

Jackinbox99

Good luck with this. My parents had exactly the same thing recently and objected with a long list of reasons as to why they didnt want the neighbour to a 2nd storey on top of their house. In fact, all the local residents in the street also objected with a long partition of names of people who didnt want the work to go ahead, and the result was the planning application was rejected.

What the owner of the house then did was to revise their plans very very slightly and get their own petition from locals saying that they are happy with it. The plans then got passed! The only difference between the plans are that the corner of the 2nd storey has been cut off very slightly to meet the planning regulation that there has to be a 45degree line of site from the window on that side of my parents house. Still means that all the natural light will now be blocked out of their garden and their house will be shadowed by the neighours building once it finishes.

The work will take about 8 months apparently and involve them closing down access to my parents side path for some of that time. The work will more than likely devalue my parents house and certainly make it less appealing to live there.

Needless to say, my parents arnt happy and are now thinking of moving.

Jackinbox99

securityman wrote: »

I dont think your letter will be private. I think it goes on the net as well.

Thats correct, all the letters and plans will be on the local councils website, so everyone can see who is objecting and who said what!

LGDNUFC

olly300 wrote: »

They either:
1. Will ignore you causing a neighbour dispute - this depends on how your house and garden is laid out. For example if it's fences they could take them down. (Though a woman with young children threatening male builders with the police for something would probably make the builders down tools and leave.)

2. Not be able to build the extension until you move out if you move within the next few years* This will cause you problems when selling as a search reveal they have planning permission for an extension.

I personally would wait and see what happens.


*I can't remember the time frame that planning permission is valid for.

We have no intentions of moving anywhere in the near future as we moved here for the school... I think the best bet is to wait and see what happens....

LGDNUFC

Jackinbox99 wrote: »

Good luck with this. My parents had exactly the same thing recently and objected with a long list of reasons as to why they didnt want the neighbour to a 2nd storey on top of their house. In fact, all the local residents in the street also objected with a long partition of names of people who didnt want the work to go ahead, and the result was the planning application was rejected.

What the owner of the house then did was to revise their plans very very slightly and get their own petition from locals saying that they are happy with it. The plans then got passed! The only difference between the plans are that the corner of the 2nd storey has been cut off very slightly to meet the planning regulation that there has to be a 45degree line of site from the window on that side of my parents house. Still means that all the natural light will now be blocked out of their garden and their house will be shadowed by the neighours building once it finishes.

The work will take about 8 months apparently and involve them closing down access to my parents side path for some of that time. The work will more than likely devalue my parents house and certainly make it less appealing to live there.

Needless to say, my parents arnt happy and are now thinking of moving.

Sorry to hear about your parents problem...How do the builders have the right to close access to the side of your parents house?? Thankfully we dont have any access to worry about where the building will take place.

headcoat

I would also look at the Party Wall etc Act 1996, this may be apicable, especially if they have to undrpin the garage, as the exsting foundation may not be sufficient to support the extra loading being placed upon it. The government produce a booklet on the act which is fairly easy read. You should read this and make sure if it applies or not and then ensure they follow it to the letter.

I would also insist that they carry out a photographic survey of you (part of your) property and boundary, so that any damage that may occur will be rectified. I would also take photos for your own records just in case they don't do it.

Good luck and let us know how you get on with it.

LGDNUFC

headcoat wrote: »

I would also look at the Party Wall etc Act 1996, this may be apicable, especially if they have to undrpin the garage, as the exsting foundation may not be sufficient to support the extra loading being placed upon it. The government produce a booklet on the act which is fairly easy read. You should read this and make sure if it applies or not and then ensure they follow it to the letter.

I would also insist that they carry out a photographic survey of you (part of your) property and boundary, so that any damage that may occur will be rectified. I would also take photos for your own records just in case they don't do it.

Good luck and let us know how you get on with it.

I will definately check that leaflet out as its the garage wall that is 1m away from the fence that borders our garden...
I didnt realise that there was so much stuff to read and research regarding extensions..i

tbs624

headcoat wrote: »

I would also insist that they carry out a photographic survey of you (part of your) property and boundary, so that any damage that may occur will be rectified. I would also take photos for your own records just in case they don't do it.
.

If the PWA does apply then the OP can appoint a surveyor to safeguard her property's condition, and the neighbour has to foot the bill.:)

kmmr

But I think part of the PWA is that they can force you to grant access. You can't prevent the work taking place, but you can be quite difficult. If it's approved from a planning perspective, and the access to your land is temporary to enable work to be done on your neighbours place, then you can be forced to allow access.

From page 15 of this explantory booklet: http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

Under the Act, an Adjoining Owner and/or occupier must,

when necessary, let in your workmen and your own surveyor or architect etc., to carry out works in pursuance of the Act (but only for those works), and allow access to any surveyors appointed as part of the dispute resolution procedure.

You must give the Adjoining Owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days’ notice must usually be given. It is an offence, which can be prosecuted in the magistrates’ court, to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the offender knows or has reasonable cause to believe that the person is entitled to be there."

So - don't rely on not giving access as a way to control this. You can delay and cause problems, but in the end if they have permission you have to give them access.
Harsh, but it is the reality of living in a community with laws. You can't unilaterally stop building work that is approved and on someone else's property just by refusing access.

patman99

The time limit for the commencement of works from the granted date of the Planning Permission is 5 years. However, the clock stops the moment any part of the planned work begins.
Even just putting-in a part of the footings is enough to stop the clock and allow the home-owner to complete the work at their leisure.

A former work mate of mine put-in for a front porch and a 2 store side extension with garage on the ground level. He only ever built the porch and garage, but, even though the PP was granted several years ago, any new owner could then carry-on and complete the works.

Objecting is an art, get it right and you win, get it wrong and they win.
Things you cannot use as objections include -
Business competition
Object due to sex/race/religion/social standing of permission seeker.

Things you can use as objections include
Increase in traffic
Unsuitable materials
Building not in keeping with the area

Do not use all your objections at once, as once used, they cannot be used again should it go to appeal.