Neighbour's Extension query

firsttimemover

Hi, I'm after a bit of advice for a friend of mine, who is in a bit of a stress regarding the neighbour's extension which has just had planning permission granted.

It's a semi-detached house and the neighbours are looking to do a rear single storey extension which goes (more or less, it is hard to tell from the drawings) up to the boundary. The plans do clearly show the boundary fence remaining in place, as it is labelled on the plans, but the wall is right up to it on the plans.

The neighbours have now told my friend they will be losing the fence (so they will have a wall for 2 or so metres rather than a fence on their boundary) and they have also said that they will need to build the footings in their garden. They asked permission to do the work from my friend's garden as it would "make life easier for the builders" but my friend has refused this, as they do not want the builders trampling on the garden.

So a couple of questions, can the neighbour remove the fence, if this is on the planning permission drawings? And most importantly, do the neighbours have a right to dig the foundations on my friends land? The neighbour seems to think they can, as long as they make it good but my friend is concerned about the upheaval (this will be right outside their lounge window which runs to only a couple of inches from the boundary) and the fact that the patio will be dug up, as will be 20-odd-year-old roses and clematis that are in the borders, which can't simply be "replaced" with a new plant from a garden centre.

All the information I can find seems to indicate the neighbours need permission from my friend to do this, but I can't seem to find out what happens if they refuse? Can they refuse? Will they have to amend the plans, and can they now that planning has been granted?

I've had an extension built myself and we left a 6-inch gap to the boundary to avoid the footings breaching the boundary and inconveniencing the neighbours...

The neighbours didn't bother consulting my friend before planning permission went in, first they knew about it was the letter from the council, and they aren't the best of neighbours so I can't see them being reasonable over this.

Thanks in advance.

FreeBear

firsttimemover wrote: »

So a couple of questions, can the neighbour remove the fence, if this is on the planning permission drawings? And most importantly, do the neighbours have a right to dig the foundations on my friends land?

Depends on who owns the fence - If the friend owns it, I suspect the neighbour can not remove it without permission.

As for the foundations, I doubt they could dig over the boundary to put the foundations in.

If relations between the two parties are strained or non-existent, legal action may be required. Perhaps starting with an injunction to prevent the removal of the fence... Could end up being very messy and expensive. Is there legal cover on the house insurance ?

Davesnave

A bit long winded, involving the Party Wall Act, so see here:

http://www.partywalladvice.com/2010/01/27/can-my-neighbour-project-his-footings-over-the-boundary-without-my-consent/

and here:

http://www.peterbarry.co.uk/blog/the-party-wall-act-common-misunderstandings/

Davesnave

FreeBear wrote: »

As for the foundations, I doubt they could dig over the boundary to put the foundations in.

They can, but with conditions. See above.

OP's friend should beware of making things difficult re wall finishing etc. A neighbour, convinced my relative was making a fast buck, refused access. My relative therefore left him with a very ugly un-rendered wall to look at, as he was not selling the property and didn't care if/when it was signed-off.

4 years later, the neighbour pleaded with him to have the rendering carried out!:rotfl:

Silvertabby

I can't see how planning permission would give approval for a neighbour's patio to be dug up. I certainly wouldn't be happy about it - nor would I want an established border to be disturbed.

Davesnave

Silvertabby wrote: »

I can't see how planning permission would give approval for a neighbour's patio to be dug up. I certainly wouldn't be happy about it - nor would I want an established border to be disturbed.

As the articles above explain, if done correctly, there are safeguards for both parties, and maybe advantages too for the party affected, but I emphasise the 'correctly.'

Any patio would have to be reinstated.

As for planning permission, that's always separate from matters of land ownership. One can apply for and be granted that on any piece of land, owned or not. Implementing it is where the problems arise!

firsttimemover

Davesnave wrote: »

A bit long winded, involving the Party Wall Act, so see here:

http://www.partywalladvice.com/2010/01/27/can-my-neighbour-project-his-footings-over-the-boundary-without-my-consent/

and here:

http://www.peterbarry.co.uk/blog/the-party-wall-act-common-misunderstandings/

Thanks, that second link is really useful, I shall pass the info on.

It seems crazy that someone can effectively trespass on your land and dig up your garden just because it's more convenient to them. I wouldn't dream of inflicting that kind of inconvenience on my neighbours, but maybe that's just me.

I agree that they will have to be careful not to end up with a mess of a wall to look out on, which is another reason why they were keen for the fence to remain. I suppose if they did remove it, there would be nothing to stop them putting their own fence up on the existing boundary or slightly onto their own land, if necessary.

Davesnave

firsttimemover wrote: »

Thanks, that second link is really useful, I shall pass the info on.

It seems crazy that someone can effectively trespass on your land and dig up your garden just because it's more convenient to them. I wouldn't dream of inflicting that kind of inconvenience on my neighbours, but maybe that's just me.

I agree that they will have to be careful not to end up with a mess of a wall to look out on, which is another reason why they were keen for the fence to remain. I suppose if they did remove it, there would be nothing to stop them putting their own fence up on the existing boundary or slightly onto their own land, if necessary.

Well, the utility companies come onto my land and make a mess of it when it suits them, so a householder with their own party wall surveyor has rather more protection than I do!

Your friend can erect their own fence on their side o the boundary, but let's not jump the gun here. It may be that a wall will look OK.

firsttimemover

Davesnave wrote: »

Well, the utility companies come onto my land and make a mess of it when it suits them, so a householder with their own party wall surveyor has rather more protection than I do!

Your friend can erect their own fence on their side o the boundary, but let's not jump the gun here. It may be that a wall will look OK.

Yes, I agree, the wall will probably be fine, after all, any extension (or anything at all) on a neighbour's land can be a blight, but if it isn't on your land, you appreciate you can't do much about it. The biggest issue is the inconvenience and damage to their own garden. With the best will in the world, even the most careful builders will trample a garden down, but if, with the party wall act, they are able to willfully remove plants to dig the foundations, there is a lot of potential damage - 20 years of time, money and love put into the garden which can't simply be replaced. This is the bit that doesn't seem fair.

Davesnave

firsttimemover wrote: »

20 years of time, money and love put into the garden which can't simply be replaced. This is the bit that doesn't seem fair.

I don't suppose there's a tree there that needs a protection order?

Just a thought!

loveka

Your friend must ensure that a party wall agreement is in place. Don't allow anyone to do this without one.

We did, as the neighbour refused to appoint a party wall surveyor. He started the work without one, and we found that the only way to stop him was to pay for an injunction. There is no come back in law if someone doesn't do a party wall agreement!

It is a ludicrous piece of legislation, which yes allows a neighbour to destroy your property, build from your land, put scaffolding up rendering your garden unusable... With a party wall agreement they have to compensate you. But make sure the money is paid into a holding account before the work commences. If you don't, and they don't pay, you have to take them to court. The court would try to make them pay the costs of this, but if they can't or won't pay you have a long legal battle ahead.

As I said, a dreadful piece of legislation. I'm moving because of all this, can't stand looking at the neighbour who chose to put me through all this. It's cost me £3k so he can have an extension and there is nothing I can do.

I am ever so slightly bitter...