Neighbour stole loft space for conversion

Jeepers_Creepers

Thanks, DFD.

Ok, this is how I see it. For your house, that area is just a loft. Most likely it'll remain just a loft. Should any future owner wish to convert the loft, they may - or may not - get a surprise when they carry out some measurements, but I don't think it's going to be a huge one. Ie, that wall is 'stepped' in any case, so it's likely just a case of it's stepped a little bit more. (In theory, that existing step is as deep as the alleyway is wide? And would be roughly half-way along the wall? How does the actual partitioning compare with that? Just how much 'lost' space is involved here?

I don't know what part of the country this is in, but if it isn't an 'expensive' house - and I'm guessing it isn't if the EA advised against improvements - then all your folks really want to do is to sell it on asap? In which case I think I would just board that end wall and sell it on.

The alternative, I think, could turn out to be a minefield. And a costly one. And a long one. Planning won't get involved if this was done over a certain time ago - is it one year or two? Building Control will also only get involved if it's within a certain time limit, or if there's an actual safety/dangerous construction issue - no lintels, that sort of thing.

So, what else are you going to do? Pay a surveyor to check whether it is an encroachment? (many £100's) Then take legal action against the neighbour? (many £ks) Or just take a mash hammer to it? (many £ks + possible custodial!)

You are talking many £ks, I suspect, and a long-drawn-out process of misery.

twopenny

"If that still makes you think that there is a problem I would then check to see if there was building control sign off with the local authority and if there was, see if you can look at the plans as that may help a little."

Just going back a bit - can you view plans online or somewhere else, especially someone elses plans under Building Control like you can with a Planning Application?

If the house goes for sale a survey may throw this up and it would be worth having an answer before getting to this stage and loosing money on a buyer dropping out.

Jeepers_Creepers

Most LA's - certainly ours - have a 'planning portal' on-line. Just enter the postcode and everything that's on the records should come up.

Norman_bn23

Had a neighbour build a similar structure in our terrace, had no other course but to go legal.

Long story short, the neighbour complied with the professional reports and legal force. They altered their structure,they stated their original builder said it was all ok 

Neighbour paid our costs, 

unforeseen

Could it be that the flying freehold you appear to have for the bathroom above the alley is only for first floor and not the loft? 

Jeepers_Creepers

Norman_bn23 said:

Had a neighbour build a similar structure in our terrace, had no other course but to go legal.

Long story short, the neighbour complied with the professional reports and legal force. They altered their structure,they stated their original builder said it was all ok 

Neighbour paid our costs, 

Interesting to have a real-life example, Norman.

May I ask - how soon after the build did you take action? (With DFD's situation, they don't know when the work was done, so it's possible they could find out). And, how long did the whole legal process take - what were the steps required? Did you have to hire a surveyor, for example? This would be useful if, say, DFD finds that the work was done within the last year and they do decide to take action.

Thanks.

twopenny

Flying freehold crossed my mind from the first post and more so from the photo showing the alley. Used to be a nightmare with the old cottages around here when I worked in legal stuff.
But if you have a dividing wall in an attic you would expect that to be your space legally.
My concern is the removal of that wall supporting half the roof and apex and replacing with some random pieces of what looks like softwood.
I wonder if the neighbours have even seen that side of it? Its possible they haven't as they would have had to go into that next door house and climb into the attic.

MovingForwards

Flying freehold query could be resolved in a few minutes by paying for and downloading the title deeds for both properties, rather than waiting for the solicitors to do it.

theoretica

Also a big concern - touched on above - is what is holding the chimneys up now?  Because it looks like a lot of the boxed up space might originally have been chimney - so maybe they haven't taken useable space - but you can't now see any chimney support to check it exists.

Money_Grabber13579

theoretica said:

Also a big concern - touched on above - is what is holding the chimneys up now?  Because it looks like a lot of the boxed up space might originally have been chimney - so maybe they haven't taken useable space - but you can't now see any chimney support to check it exists.

I did wonder if it’s not actually an extension but some kind of bracing for the chimney stack, as the ceiling in an extension wouldn’t be particularly tall, given the picture of the neighbours house previously shown. But perhaps not, as the plaster board would then seem a bit over the top.