Neighbour wants to convert garage that is attached to our property

nolabels

Mojisola wrote: »

Didn't you query this? Couldn't you see the garage attached to the house?

Yes, we queried it but there were no formal documents to be found. It was just accepted as a quirk of the street. Many houses on the street have this. Even our garage is attached to the neighbour's house on the other side.

It didn't make a difference to our decision to purchase the house because this is a very sought after area where houses come up once in a blue moon. Once a house is bought, it stays with the family for many decades. People don't want to move away from here.

It appears that at some point in time, many years ago, the owners of the street agreed to let their neighbours create a garage in the space between the houses for whatever reason. At the present time, a couple of houses have detached from their neighbour by removing their garage to build a narrow side extension for a utility/washroom/store and have left a gap between the houses. We plan to do the same when we come to extend our house. No one on the street has converted their entire garage into a habitable space, like our neighbour wants to do.

We bought the house knowing of the potential implications of having a neighbour's garage attached to our house, however we did hope that he would follow the example of what others on the street are doing and what we plan to do - i.e. remove the linked garage if he wanted to create a side extension.

It appears he wants all the space between our houses for his extension, and all we want to do is understand if there is any way we can prevent our house being turned into a semi-detached house forever. If there isn't, then we'll accept it and move on and continue being friendly neighbours, because there's a lot more to life. But first I do have to try and do what I can to prevent any adverse impact on our home.

force_ten

anybody that thinks you don't pay a premium for a detached house is delusional

the market says that a detached house can carry a premium of between 9-18% over the equivalent semi detached house with a detached bungalow carrying the largest premium

so even at 9% a true detached house at the national average of 197K would attract a near 18K premium

PheoUK

I think their point is that it was thus before, and will be this after - the actual house is not changed significantly from its previous position so value is unaffected... Not that a detached isn't worth more than a semi

Doozergirl

nolabels wrote: »

Thank you !!!!!!. I plan to check this with Planning and Building Control. Most people are saying that garage conversions generally fall under Permitted Development, and I know that's correct in most circumstances, but ours is a bit of an unusual situation whereby the neighbour's garage conversion would turn our detached (or link-detached) house into a semi-detached, and it seems strange if that would simply be allowed without us being able to object.

If this were a new building in a space between properties, it would not fall under permitted development rights but Planning legislation does not protect neighbours from development that has already happened. The precedent has been set and the opportunity to object would have been before the garage went up.

If, for some reason, this did require a planning application, you will need to find a genuine planning reason to object. The potential loss of value is not a valid planning reason and will not be considered. Before you speak to a planning officer, I would research valid objections if you want to be taken seriously.

wellused

If he is going to knock some of the garage down and also replace the roof then it would appear that the original permission given by the previous owner of your house is now null and void, tell him that if he intends to do any work on the roof that he must build a supporting wall on his property to support it and that he does not have permission from you to connect it to your property.

robatwork

If you're feeling brave post a streetview picture of your house or a neighbouring one showing the garage layout.

However your house wasn't detached when you bought it, it was already joined.

It will still be the same after this conversion is done - there is no suggestion that the roof will take up more area on your party wall?

MisterBaxter

wellused wrote: »

If he is going to knock some of the garage down and also replace the roof then it would appear that the original permission given by the previous owner of your house is now null and void, tell him that if he intends to do any work on the roof that he must build a supporting wall on his property to support it and that he does not have permission from you to connect it to your property.

Without a copy of an original agreement (assuming a formal agreement ever existed) it would be difficult to establish exactly what was and wasn't agreed. The roof would have to be replaced at some point so I would question whether the simple act of renewing roof would be enough to prevent the neighbour from proceeding with their plans. When it comes to property rights 12 years seems to be a key timescale and as the adjoining building has been present for at least 12 years the connection may be established. You could try to convince the neighbour that they can't proceed without really knowing the legal position but what will you do if the neighbour calls your bluff.

If it were me I would be seeking proper legal advice on the matter of whether the neighbour is allowed to continue using the party wall even after a change of use; if the legal view is that they can't then the solicitor will advise on the appropriate course of action, if the view is that they can continue to use the party wall with a change of use then efforts should be focussed on ensuring the neighbour does a proper job of it.

nolabels

Doozergirl wrote: »

If this were a new building in a space between properties, it would not fall under permitted development rights but Planning legislation does not protect neighbours from development that has already happened. The precedent has been set and the opportunity to object would have been before the garage went up.

If, for some reason, this did require a planning application, you will need to find a genuine planning reason to object. The potential loss of value is not a valid planning reason and will not be considered. Before you speak to a planning officer, I would research valid objections if you want to be taken seriously.

Thanks very much for the advice Doozergirl!

nolabels

wellused wrote: »

If he is going to knock some of the garage down and also replace the roof then it would appear that the original permission given by the previous owner of your house is now null and void, tell him that if he intends to do any work on the roof that he must build a supporting wall on his property to support it and that he does not have permission from you to connect it to your property.

MisterBaxter wrote: »

Without a copy of an original agreement (assuming a formal agreement ever existed) it would be difficult to establish exactly what was and wasn't agreed. The roof would have to be replaced at some point so I would question whether the simple act of renewing roof would be enough to prevent the neighbour from proceeding with their plans. When it comes to property rights 12 years seems to be a key timescale and as the adjoining building has been present for at least 12 years the connection may be established. You could try to convince the neighbour that they can't proceed without really knowing the legal position but what will you do if the neighbour calls your bluff.

If it were me I would be seeking proper legal advice on the matter of whether the neighbour is allowed to continue using the party wall even after a change of use; if the legal view is that they can't then the solicitor will advise on the appropriate course of action, if the view is that they can continue to use the party wall with a change of use then efforts should be focussed on ensuring the neighbour does a proper job of it.

wellused, that was my initial thinking too, although as MisterBaxter says, it may be that if a party wall has been established by the current structure being present for all these years, then he can do what he wants and stay attached to my house.

MisterBaxter, we'll try to talk to the neighbour again regarding what you've mentioned, and if he still doesn't budge from his plans, then it seems the best thing will be to get legal advice.

wellused

I don't want to steal your thread but I have a similar question if I may ask it, when I bought my semi detached house which was over 20 years ago now it had a shared car port constructed between it and the next door neighbours, the gap between houses was 16 foot and so the previous owners had built steel channels into the brickwork of each house spanning the gap between houses which supported the carport roof. About 8 years ago my neighbour came to me and said that they intended to build an extension to the side of their house where the carport was and did I want to do mine too, I didn't want to go to the expense and so declined, I asked if that meant that we would have to remove the carport and they said that it wasn't necessary as the builders would build the steel supports into the new wall and cut their ends off so that my side of the carport could remain intact. The question that I have now that I have seen this thread is will their extension wall now become a party wall as my carport is built into it?