Next doors extension overhangs

doodles010

So I have recently moved into a new detactched property, with garage. 

We planned to extend above our garage as most people in the street have. 

Once we had moved in we soon realised that next doors guttering and soffits overhang our garage wall.. 
which would affect us building up.. 
Where do we stand?? Or is this normal?

TELLIT01

Soffits and guttering should not overhang the boundary but you may find it very difficult to do anything about it now.  Do you have any idea how long ago the adjoining property was built or the extension added if it is the guttering on the extension which overhangs?

Is your property a new build or simply new to you?

doodles010

No idea.. it’s an older house. I’ve searched our local council online and can’t find any planning application. 

I will speak to them when it comes to it but was unsure what the rules were for guttering over hanging etc 

Rosa_Damascena

Presumably you'll need PP? In which case your neighbours should have a chance to raise their overhanging soffits and guttering as an objection and find they don't have a leg to stand on? (My own interpretation, not the law).

theoretica

Would you be using the neighbours wall as a party wall for your extension?  Guttering can be changed/drainage run down a gully where roofs meet.

Rdwill

Be careful, a gutter or soffit overhanging many feet up in the air may be considered by the court as a trivial trespass. 

Unless you can show some real harm or serious implication requiring its removal, then the court may not order its removal and can penalise you for bringing trivial cases.

So unless there is a problem (perhaps the gutters are poorly maintained and causing damage to your property or so large that they restrict development of your land), you should consider whether to simply let it go.

princeofpounds

If their property has been overhanging yours for more than 12 years, then they have established a right to continue doing so, and it will not be removed by a court.

If they have not been there that long, as rdwill states, there is no guarantee a court will order them to be removed, but personally I think preventing you from extending your walls straight up would be sufficient loss to justify a decision in your favour.

In either situation, you may be able to come to an agreement with the neighbour to change their building to enable yours, but that's likely to be at your expense if they agree at all, unless they have only recently encroached and are facing removal of part of their own building.

NB footings have slightly different rules to other forms of encroachment, just in case that becomes relevant at any stage.

doodles010

Thank you, both properties are detached they have literally just built right up to the border so the extension overhangs at the top,  without it being rectified We wouldn’t be able to extend on our property. We only had one viewing during lockdown so we completely missed it! We will have to see I guess 

Apodemus

I may be missing something here, but if they have extended up to their boundary (with soffits over it) and you are wanting to extend up to your boundary, presumably the two buildings are no longer going to be detatched?   I would have thought this would lead to a whole raft of issues such as party wall agreements, maintenance access requirements and possibly shared guttering etc - all of which will make their soffits small beer in the greater scheme of things. 

Jeepers_Creepers

doodles010 said:

Thank you, both properties are detached they have literally just built right up to the border so the extension overhangs at the top,  without it being rectified We wouldn’t be able to extend on our property. We only had one viewing during lockdown so we completely missed it! We will have to see I guess 

Have they built their extension on their garage? Do your garages join - are you 'link-detached'?

TELLIT01

Also, if the OP was planning to build an extension right up to the boundary, wouldn't they be creating the same problem in reverse for the neighbour?