Neighbours extension

coldstreamalways

We bought our semi detached house three years ago. The vendor also owns the other house in the semi. Ours is two bed and has been extended (probably in the 1970s) back to include a dining room, downstairs shower/loo and large kitchen. Next door is one up one down with a courtyard garden running the length of our dining room, shower & kitchen (hope this is making sense). The dining room bit is two storey, the rest is one storey with a pitched roof.

There are two windows and two extractor fans in the wall that comprises our external wall and their garden wall. Would they be able to build an extension into their garden along the length of our wall? If so, how close can they get to it?

The house has just been sold and we believe this is part of their plan.

Many thanks for any information.

hc25036

Depends on whether there was a party wall agreement when your extension was built (chances are there was). In our case, as the wall is right on the boundary line, the neighbours are entitled to use our wall as part of any extension they build in the future.

iamcornholio

Your local planning policy will determine what they can build. However there is what is called "permitted development" rights which allows people to build extensions to certain dimensions without needing planning permission. Have a google for that.

If they do need to apply for PP, then the proposal will be assessed against the planning policy, and light to your windows and the effect of the extension on your property will be part of the assessment

They can build up to the property boundary but not across it. For building on the boundary, then the Party Wall Act may come into play and they should serve a notice on you under that Act. All this will do is ensure that the work is done properly and any damage to your property made good. This Act will not give you opportunity to stop the work

coldstreamalways

Thank you very much. Can you just clarify, I have been reading about 45 degree rule? DOes this mean that a building has to be outside the 45 degree angle from our windowsills? Is this a must? (That would put the building in their nextdoor neighbour's garden as the courtyard is only about 2.5m wide).

Thanks again for your time

iamcornholio

The 45 degree rule must be adopted as part of your councils planning policy - some councils don't use it so check if it applies to your council. Also check how they use it as some councils use different variations

Generally, draw an imaginary line from the centre of your nearest ground floor habitable room window (eg lounge or kitchen) at 45 degrees so it crosses the neighbours garden. They can't build past that line.

This rule only applies when a formal planning application is made. If the extension is built under permitted development, then the rule does not apply and they will follow the permitted development criteria instead

coldstreamalways

Ah, great, we are in a conservation area (if that changes things?) and also the garden is about 2.5m x 5m which I think means that the boundary is sufficiently close that they must seek permission?

Thank you again.

coldstreamalways

Just looked up our councils planning site & it says 60 degrees for ground floor, 45 for first storey. I think their house is already 60 from our window.