Neighbour's new extension window opening into our drive space

ming60

Hello.

We live in a row of detached houses where the outside edge of the driveway is the boundary, formed by the neighbour's house as a boundary wall. Our neighbour is planning a single storey 12ft rear extension that will have a narrow window (in height) fitted just below gutter level. We have a boundary fence (our responsibility) going from their existing house corner, 14ft down the garden, to our garage corner. The neighbour's extension is being built (from what we've been told by them) half a brick width in from their main house wall (the boundary wall against our drive). We are hoping they won't have to take our fence down to build the extension.

Firstly...... Am I right to assume that because the extension is set in by half a brick, it won't be classed as part of the boundary wall?

Secondly...... Are they allowed to have the narrow window opening towards our drive? It would probably encroach our air space when it's fully open.

Thirdly...... Is the builder allowed to take our fence down?

Thanks for any help on this.

silvercar

Secondly...... Are they allowed to have the narrow window opening towards our drive? It would probably encroach our air space when it's fully open.

They can have whatever opening they like, however they can’t use it to encroach on your airspace. So if they fit some the that does open wide, they shouldn’t use it to open wide enough to cross the boundary.

maisie_cat

What about footings? When the builders excavate surely the trench will come further over than the wall> Watch for this, in our last house the wall was on the boundary but the builder encroached when digging the trench and even knocked down part of our garden wall to do so. We'd just moved in and didn't realise what they were doing until the roof and guttering went over the boundary. We didn't make a fuss as there was plenty of room but it was picked up when we sold the house 15 years later.

Davesnave

Is this still at the Chinese whispers stage?

If they are going to build where you say, the footings will need to go under your drive to some extent and you will be involved.

ming60

Davesnave said:

Is this still at the Chinese whispers stage?

If they are going to build where you say, the footings will need to go under your drive to some extent and you will be involved.

I did wonder about the footings. Their ground is about 1ft higher than ours (we live on a slight hill). Under our fence there are concrete slabs placed on their edges, and sunk into the ground a bit, with about 1ft above ground holding back the soil on their side. Our drive is tarmacked up to those slabs. I will have to check with them before they start the work. They will obviously have to make good any damage etc that they do to the fence.

Davesnave

ming60 said:

Davesnave said:

Is this still at the Chinese whispers stage?

If they are going to build where you say, the footings will need to go under your drive to some extent and you will be involved.

  I will have to check with them before they start the work. They will obviously have to make good any damage etc that they do to the fence.

Footings will project at least 300mmm from the base of a modern wall. You should make the neighbour aware ASAP that a Party Wall agreement will need to be in place before they access your land, if that's where they wish to build. Your permission is conditional on it and your interests will then be protected.

Read up on the subject.

fenwick458

when I got my extension built, the wall had to be 150mm in from the boundary, as the foundations stuck out 150mm. 
also means there shouldn't be a problem with soffit/gutters hanging over onto neighbors land. also small windows.

Davesnave

fenwick458 said:

when I got my extension built, the wall had to be 150mm in from the boundary, as the foundations stuck out 150mm. 
also means there shouldn't be a problem with soffit/gutters hanging over onto neighbors land. also small windows.

But maybe if your neighbour had agreed, the wall could have been built along the boundary as a party wall and they could then have had the right to build off it at a later date. This avoids unmaintainable narrow gaps between extensions which do no one any favours long term.

This works for some people, but it might not be relevant to the OP as they have a driveway there.

DiddyDavies

A barbeque on your land just under the window could prove interesting if you happened to light it up when the window was open!

ming60

Thanks to you all for your very helpful comments. I will follow this up when I have some updates on the outcomes.

Ant555

ming60 said:

Thirdly...... Is the builder allowed to take our fence down?

Not without your permission they cant - even then you would most likely agree that they would put the original fence (or a new one) back.  Don't forget that your dealings and any agreements will be with the neighbours and not the builders who will be off on their next job afterwards and not be in the slightest bit concerned.  I suspect from what you describe that your neighbours extension window will be higher than the fence though if it is a slim/wide opening just below the guttering.

Window.
back to your original question "neighbour is planning..."  - has it been approved as I am sure you can easily object to a window opening over your land.  They are not allowed to do this  under building control even if the extension itself is within permitted development - I am sure that the window may have to be occluded and also non -opening.  They may be pushing their luck and hoping you will simply want an easy life and stay quiet, once its built then they have their own way.