Guttering Overhanging

bosnian

Hi,
Neighbour has built a conservatory right on the boundary line and the guttering to the conservatory starts on the boundary line and then comes right onto our side of the house over hanging.
Obviously not a problem at the moment as we have no extension, but if we decide to extend may cause us problems.
They can also not maintain the conservatory(clean) without coming round to us now.
Any advice in what to do?

tooconfused_2

Is the conservatory built on a dwarf brick wall if so the footings might encroach onto your property as you say causing you problems if you need to extend The key word hear is encroachment .No the gutter should not over hang the boundary line nor should any opening window encroach the "invisible" vertical boundary line.

I would say you are within your rights to complain my neighbour proposed to do the exactly same thing but i objected and planning agreed the wall would be set in from the boundary line to aid maintenance from their side and if I were to build in the future I would observe the same.

You will have to consider the fall out if you do complain ....but do not let that put you off.

bosnian

thanks for the reply - dwarf footings means nothing to me, but what they have done is build the footings up so the conservatory floor is at the same level as the main house resulting in the fence coming upto approx there waist height. They are unable to open there windows as they would open up into our garden. Another thing is they have selected clear glass for all sides of there conservatory and all they have done is place blinds up on our over looking side.
the annoying thing is its our boundary line ie. we have just paid for the whole fence to be put up between us and the neighbours. I was under the impression they should leave reasonable space between both properties?

marybishop

Bosnian - even if you accept what they have done, when you/they come to sell this could cause problems as their guttering is trespassing. There is the potential for a major boundary dispute if not sorted now. Plus there are all the implications as you say if you want to build an extension as well as the maintenance issues. Check with the planning dept if they should have got planning approval (may not have been required if they have done it within Permitted Development i.e. they have not extended before and they are within the allowance before planning permission is required). They should however have served a Party Wall notice as they have built right up to the boundary line. If you contact the RICS and ask for names/numbers of chartered building surveyors in your area, some of them offer 30 mins free advice over the phone so you could chat it through and hopefully get some answers. RICS is on 0870 333 1600.

ormus

you can (with PP) build right up to your boundary line.
no one has the absolute right, to a view or to space between properties. you can object all you like to PP, but your objections can be overuled.

generally speaking, planners do like to see a minimum 3ft gap between detached houses, for access/maintenance etc..

marybishop

Should still have served notice under the PW Act even if PP not required and guttering shouldn't be trespassing.

tooconfused_2

By footings i mean the concrete strip that any wall should sit on the footings are dug down to a suitable depth to support the weight of the wall but they will probably not be visible they will be below groung level.They will be Wider than the actuall wall.So if as you say the wall is on the boundary line then the footings could be on your land.

If you stick a spade in the ground next to the wall and you hit concrete then you might have a problem if you want to extend..

davsidipp

they need building control.party walls act would notbe an issue as u state up to the fence.

marybishop

Party Wall etc Act 1996 - what is covered (amongst other things):-

1) Building a new wall on the line of junction between 2 properties.

2) Excavating foundations with 3 metres of an adjoining structure and lower than its foundations.

3) Excavating foundations within 6 metres of an adjoining structure and below a line drawn down at 45 degrees from the bottom of its foundations.

derrick

RICS is on [STRIKE]0870 333 1600.[/STRIKE] 020 72227000