Objection to Balcony after 4 year rule

beachy123

Neighbour has a balcony which overlooks our entire garden and into children's bedrooms, kitchen, dining room and other neighbor's gardens and properties.  The balcony does not have planning permission but was erected over 10 years ago and have been told permission would not have been granted.  The balcony has not been used since we bought our house 10 years ago (sellers told us it was not used and all has been great).  Now that the current owners are selling, can we put in any objection to the use of the balcony as they are using it as a selling point.  Do we have any rights to privacy, our children's rights to privacy etc in our garden, our home and their bedrooms?

lincroft1710

As it was erected over 10 years ago, it is past the time when enforcement action could be taken.


There is no "right to privacy" as such. Millions of gardens are overlooked by their neighbours and equally millions of bedrooms can be looked into by neighbours. Net curtains in the overlooked rooms are the answer if it becomes a problem

AdrianC

You bought a house 10yrs ago.
At the time you bought it, next door already had a balcony overlooking your garden.

Why is the balcony such an issue now, but wasn't an issue when you bought the house?

No, you have no right to insist somebody doesn't use part of the house they're buying. That house has a balcony, as you knew it did when you bought yours.

beachy123

Thank you for your comments. We bought it on the understanding the owners didn’t use it and they never have and we have had a good relationship with them. Our concern is that new owners may use it so just wanted to know if we had any rights! 

AdrianC

beachy123 said:

We bought it on the understanding the owners didn’t use it

What would your reaction be if you'd been misinformed... or if they simply changed their minds?

beachy123

The reason for my post is the last 9 words of my response to you. Just wanted to know if we have any rights!

cymruchris

beachy123 said:

Just wanted to know if we have any rights!

None.

Hopefully you’ll get on with the new neighbours - and it’ll be likely from time to time they’ll use it. 

Justonemorecupoftea

If it didn't have planning, I assume it won't have building regs either? Buyers may well be put off by the thought of a balcony that's had no sign off... I wouldn't be bouncing up and down on it, that's for sure!!

AdrianC

beachy123 said:

The reason for my post is the last 9 words of my response to you. Just wanted to know if we have any rights!

Lovely, but what would you reaction have been if they had started using it?

steve866

beachy123 said:

Thank you for your comments. We bought it on the understanding the owners didn’t use it and they never have and we have had a good relationship with them. Our concern is that new owners may use it so just wanted to know if we had any rights! 

Is it likely the new owners will start using it or is there a reason it was never used (e.g an alternative garden is available)?

If you had the power to force the current owner to take it down before selling would you do it?

HampshireH

Justonemorecupoftea said:

If it didn't have planning, I assume it won't have building regs either? Buyers may well be put off by the thought of a balcony that's had no sign off... I wouldn't be bouncing up and down on it, that's for sure!!

It's survived over ten years it can't be that's bad 

No one can enforce building regs now anyway I don't think

If there is any structural issues the buyer is concerned about they can get a survey done. 

If no one has been on it to use it in ten years though it must be pretty dirty and disgusting both to access and to view