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Permitted development and right to light
SmartyKarty
Posts: 1 Newbie
Hi,
I am planning on building a rear extension on my 1960's semi-detached home. It is a single storey 3m deep extension the full width of the rear which would comply with permitted development. However, my adjoined neighbours have a window on their rear wall, the centre of which is 1.2m from our boundary. I have been looking into the 'right to light' and I would contravene the 45 degree rule with the extension (i.e. the new wall on the boundary would cross the line drawn at 45 degrees from the centre of the window). The architect says this is fine as I do not have to apply for planning permission. I have spoken to the neighbours and they seem ok with my plans too. So if I dont need to, then I dont want to reduce the size of the extension.
However, my concern is that at some point in the future my neighbours could complain if they wanted and even try and take me to court. Even if I verbally agree it with them before I build it they might still complain once it is built (eg " I didnt realise it would be THAT big" etc).
So does permitted development trump right to light and can I ignore it?
If I agree it with my current neighbours, if new ones move in could they complain?
Is there a legal document that my neighbours could sign to say they wont take me to court?
If anyone has any experience of this I would be grateful to hear your views.
Thanks.
I am planning on building a rear extension on my 1960's semi-detached home. It is a single storey 3m deep extension the full width of the rear which would comply with permitted development. However, my adjoined neighbours have a window on their rear wall, the centre of which is 1.2m from our boundary. I have been looking into the 'right to light' and I would contravene the 45 degree rule with the extension (i.e. the new wall on the boundary would cross the line drawn at 45 degrees from the centre of the window). The architect says this is fine as I do not have to apply for planning permission. I have spoken to the neighbours and they seem ok with my plans too. So if I dont need to, then I dont want to reduce the size of the extension.
However, my concern is that at some point in the future my neighbours could complain if they wanted and even try and take me to court. Even if I verbally agree it with them before I build it they might still complain once it is built (eg " I didnt realise it would be THAT big" etc).
So does permitted development trump right to light and can I ignore it?
If I agree it with my current neighbours, if new ones move in could they complain?
Is there a legal document that my neighbours could sign to say they wont take me to court?
If anyone has any experience of this I would be grateful to hear your views.
Thanks.
0
Comments
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Sorry, but I don't know the exact requirements of the legislation.
However, I don't think you can simply rely on a legal document the present neighbour may sign to say they won't take you to Court.
After all, what happens if the present owner sells up after you have had your new extension built? Their buyer may not be as accomodating towards the work you have had done.....0 -
True, but they'd have to declare it when they sell and it would effectively be a covenant on the property...0
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