Retrospective Planning Permission Objections

teneighty

I haven't read all the posts so forgive me if I've got the wrong end of the stick but reading the last couple of posts you could be getting into a sticky situation.

If the original wall was wholly on your side of the boundary and the neighbour has built their extension joining onto it so in effect your wall encloses one side of the new extension it becomes a party wall by enclosure and the neighbour acquires all the rights associated with a party wall which could frustrate your future plans.

That is wrong, the neighbour should have built a separate wall parallel with your wall on their side of the boundary. You will probably require professional help to resolve this so may well be worth speaking to a local party wall surveyor for advice.

Mojisola

AndyBSG wrote: »

No foundations were dug. They have just built on top of the existing foundations that were there for their patio and the old plastic conservatory.

And that's been passed by Building Control?

MisterBaxter

Gut feeling tells me that the builder, the neighbour or both have so little consideration or competence that there isn't going to be any significant ground gained by simply having a conversation at this stage. If they didn't get planning permission then they probably didn't have Building Regs approval and from what has been suggested I would have thought it would have failed on a number of areas and isn't getting signed off in any case.

The issue around the removal of parts of your existing structure sound almost like it should be criminal damage, you wouldn't accept someone coming along and stealing the lead off your roof in any other circumstances.

Forget about Part Wall, they should have served notice but they didn't so that horse has bolted. An injunction to prevent further work is an option and given the standards thus far may be the way to go.

Have a chat with Building Control, if they didn't apply then BC will get involved as a contravention. Ultimately they can take enforcement action if they feel that the work is so poor that it can't be salvaged.

If you go down any formal route expect resistance when you come to build your own extension, but if you do everything properly there is very little your neighbour can do to actually stop you or even interfere with your plans.

I would normally advocate consultation, conversation and negotiation but that rarely works when the other party is either completely unreasonable or so incompetent that they don't see what they are doing wrong.

Good luck.

paddy's_mum

Good luck to the neighbours when they come to sell the house - no building regulations sign off as well as a neighbour dispute (and possible court action) to declare.

Bet they thought they were being clever and sidestepping the rules .... wrong!

AndyBSG

paddy's_mum wrote: »

Bet they thought they were being clever and sidestepping the rules .... wrong!

Pretty much my assessment.

The builders and the surveyor appear to be friends of the family and selected on that basis rather than competence.

We also had an incident during the building when my wife was in the bedroom and looked out the window to see a builder on our roof which gave her a bit of a scare especially as 15 minutes earlier she had just got out of the shower and was naked!

Question regarding the party wall notification being too late to take action on. The extension is now pretty much built so it's too late for an injunction.

However, given they have built onto our wall which we were planning on knocking down in the Spring to build our own extension where does this leave us?

Because they didn't serve a party wall notice and have now made our wall a party wall does that mean we can no longer knock it down even though we didn't give our consent?

Does the party wall act not give us a right to employ a surveyor at their expense to ensure we are happy with the work that has been done?

By building off our wall as they have without or consent or notice they now appear to have prevented us from going ahead with our plans to knock down our wall and build our own extension. Surely this is not allowed and we should be entitled to some form of compensation?

MisterBaxter

I think trying to use the PWA in this instance is the wrong tool for the job and I think you are now in the realms of needing legal advice along with the advice of a competent surveyor. From the other comments it is hard to see how they have Building Regs approval, and how have they shown that the existing wall was suitable to build off. That alone could result in enforcement action by Building Control.

When you come to build your own extension it may be that you have to seek legal redress for the extra costs that you have incurred as a result of your neighbours unauthorised works, how you would do this is hard to say and again would need legal advice. The Courts don't look favourably on people who flout the law but there are no guarantees of a favourable outcome for you either. I'm not sure I would want to commenced work on my side until the other side was sorted particularly if it is going to end up being a shared structure.

It's still not clear if Building Control are involved but if they aren't get them involved, if they are then they should as a minimum be ensuring everything complies with the current Regulations.

Get in touch with you insurers about the damage/theft and also start asking them questions about your legal options, many policies have legal protection.

Clearly your neighbour and those involved in the building don't care and lack the competence needed to undertake the project so negotiating with them isn't likely to get you vet far.

It sounds like a real mess and I think that you are going to have to put some considerable effort in to resolving it.

AndyBSG

Thanks for the advice.

I've spoken to a solicitor this morning and they have advised that the first step is to get a surveyor involved to see exactly what is done. Of course that involves the neighbors letting a surveyor access their property to get a full assessment.

Going to speak to the neighbors tonight and advise them that it is in their interests to allow my surveyor access because I will otherwise be left with no alternative but to seek civil action for the criminal damage and any issues caused by their party wall.

Also have an appointment with the building controls inspector this afternoon but my understanding is that they may not be allowed to disclose anything to me so I can only seek general building reg advice from them and not specific advise regarding this construction.

paddy's_mum

AndyBSG wrote: »

Also have an appointment with the building controls inspector this afternoon but my understanding is that they may not be allowed to disclose anything to me so I can only seek general building reg advice from them and not specific advise regarding this construction.

It might be worth your while to make it clear to your local council and it's leader, as well as to their building control officers, that if they are not very, very careful what they say, do, sanction and pass, they may well find themselves answering to a High Court judge at some time in the future.

It may not make a huge difference at this point in the negotiations, but it should make your local authority go to their 'books of good practice' and check everything that ought to be checked.

Good luck.

MisterBaxter

paddy's_mum wrote: »

It might be worth your while to make it clear to your local council and it's leader, as well as to their building control officers, that if they are not very, very careful what they say, do, sanction and pass, they may well find themselves answering to a High Court judge at some time in the future.

It may not make a huge difference at this point in the negotiations, but it should make your local authority go to their 'books of good practice' and check everything that ought to be checked.

Good luck.

Please, whatever you do just don't be that person, it isn't in the least bit helpful. Building Control will generally do their job diligently [disclaimer, wife is Building Control Officer] but they are not there to take sides in any argument. They will asses what has been done and will take whatever action is needed and is within their powers, they will act in accordance with their powers in the furtherance of the Building Act. If matters end up in Court then they may be called on the give evidence in the Civil case. They may also take their own enforcement action.

There is a very good chance that they won't disclose too much information because of data protection laws but they will do what they are permitted to under their statutory powers. I would have thought that they would be able tell you whether or not an application had been made.

Building Control/the Council need the income so they will pursue anyone who doesn't apply and pay, at the same time they have no vested interest in the actual construction so they will sign off when they are satisfied the work complies with regulations, although that may not be to the satisfaction of either the Building Owner or the Adjoining Owner.

It's best to keep them on side rather than hit them with veiled threats, you win no allies that way. If the neighbours didn't apply then the BC will probably thank you for bringing the matter to their attention.