My neighbour's are going to build a 4.8 metre extension under the new laws!!

angie12345

Hi,any advice would be much appreciated. I live in a small semi detached. Birmingham CC planning dept have notified me of this single story-extension under the neighbour 'consultation' process. I have raised concerns about the close proximity to my boundary, overhanging guttering, the roof pitch and right to light as this monstrosity will take up most of their garden. Despite someone coming out to take photos they tell me they can't comment, provide any details, or have any power to intervene under the change in planning law. Do I not have the right to protect the value of my home? And what about groundworks affecting the trees and plants in my garden. The party wall act says I must allow their builder and surveyor to do works from my side. Am not a happy bunny!

moneyistooshorttomention

Sympathies.

If there is nothing you can do to stop this, then there's no law against being "awkward".

I would doubt their workers are allowed to disturb any plants in your garden. Can you find some ready-grown large prickly hedge plants you just happen to have decided to plant bang up against your wall (sloes/sea buckthorn/etc).

That's what I would do and then take evidence (in the form of photos etc) of exactly what my garden was like at that point in time...just in case it got ruined by workmens heavy boots or machinery in the future.

I'd express concern to the neighbour (AFTER planting that thorny hedge) that my garden mustn't be damaged and comment on having photos/video of it and tell them if I'd found a way to have a go at them legally for any damage their workmen caused in my garden.

They might as well know ALL the facts relevant to their planned extension;)

PasturesNew

What makes you think it'll devalue your property? Many buyers might see next door's extension and think "oooh, looks like I could do that here" and want it.

tberry6686

The party wall act only allows them to work from your side if you agree. If you do not agree then they cannot work from your land (although it may need an injunction to stop them).

They only time a neighbour has the right to work from your land is for maintenance not new construction.

alexanderalexander

angie12345 wrote: »

...and right to light...

If you do have a right to light in this context and the extension will affect it, you should be able to stop (or at least reduce the size of) this extension regardless of whether or not it needs planning permission. See the following article: http://www.123plans.co.uk/uploads/frontend/media/documents/rightstolight.pdf

bitsandpieces

You can read more about the new planning regs here http://www.planningportal.gov.uk/permission/commonprojects/extensions If the extension is over a certain length it would still need planning permission, and neighbours can also object even to smaller extensions.

It might be worth getting advice if you're worried and if the council planning department is being unhelpful.

ognum

I would suggest you tell the neighbours they need to abide by the party wall act. you can google this.

The costs are all down to them and they can do no physical damage to your property this way.

Read up on it and then discuss it with them.

melanzana

Here in Ireland anyone can build a single storey extension to the rear up to 40 sq metres without planning.

No need to inform anyone, council, neighbours etc. just build it.

Windows cannot overlook a neighbouring property, and there must be a certain amount of garden/land left in proportion after building the extension.

All houses on my road have such extensions. All built well, and next door neighbours informed. Well, me anyway.

No problems so far.

If they are built outside the regulations, the house will not sell, and planning will be required.

But our local residents association keeps an eye out for such breaches.. Nosey Parkers some might say, but it does keep things civil.

Had OP spoken to the neighbour? Sounds like they don't communicate. Which is very sad, and the root of all evil and trouble when it comes to such builds.

I am not saying this about OP, but just SOMETIMES there can be an element of "green eye" when someone improves their property like this.

If legal, what can you do?

specialboy

As far as I can remember their gutters can't overhang your land.

angie12345

Thanks all...there is definitely no element of 'green eye'. I am worried about the footings of this very large extension destroying the roots of my plants and trees, plus a drain immediately next to the boundary fence. The party all act says they can remove the fence...I don't want to have to look at the wall of this extension which will be a whopping 4 metres and it's highest and 2.8 at its lowest. And how will they maintain the roof and guttering? I will get some legal advice and speak to my local councillor. Happy new year.

angie12345

PasturesNew wrote: »

What makes you think it'll devalue your property? Many buyers might see next door's extension and think "oooh, looks like I could do that here" and want it.

If I were buying a house and looked out of the bedroom window to see a hulking great extension next door instead of nice gardens I would be put off! Also the new planning laws are being relaxed until may 2016 only but I expect presedents will be set by then.