Advice on height of neighbours outbuilding

longwalks1

We live in a semi-detached house with south facing garden, which we enjoy using throughout the summer. Our neighbours have recently installed a large (full garden width, probably 6m wide x 3M deep) wooden cabin. It’s been installed on a concrete base they made that was about 18” off the ground.  Subsequently, the height of the roof pitch is now about 2.8m (measured from our garden side of the fence) and it’s right up against the fence (much less than 1m, more like 15cm).  As a result of this, their daughter who now lives in the cabin full time can be in it and see right into our kitchen.  
We’re going to speak to them anyway about them always starting noisy DIY at 7 or 8pm, drilling, banging etc (it’s not repairs having just moved in, it’s improvements) and going on til 10pm or later, but I wanted to know if the height and use of the cabin was allowed just in case it came up in conversation.
we’ve no issues at all in speaking with them, we asked them to stop arguing/shouting/swearing at one another in the garden previously and they kept out the way for weeks, but we just wanted to know the rules around outbuildings.

thank you everyone in advance 

Section62

longwalks1 said:

We live in a semi-detached house with south facing garden, which we enjoy using throughout the summer. Our neighbours have recently installed a large (full garden width, probably 6m wide x 3M deep) wooden cabin. It’s been installed on a concrete base they made that was about 18” off the ground.  Subsequently, the height of the roof pitch is now about 2.8m (measured from our garden side of the fence) and it’s right up against the fence (much less than 1m, more like 15cm).  As a result of this, their daughter who now lives in the cabin full time can be in it and see right into our kitchen.  
We’re going to speak to them anyway about them always starting noisy DIY at 7 or 8pm, drilling, banging etc (it’s not repairs having just moved in, it’s improvements) and going on til 10pm or later, but I wanted to know if the height and use of the cabin was allowed just in case it came up in conversation.
we’ve no issues at all in speaking with them, we asked them to stop arguing/shouting/swearing at one another in the garden previously and they kept out the way for weeks, but we just wanted to know the rules around outbuildings.

If they get planning consent for it then the only height restriction is what the planning officer considers acceptable.

If they are relying on permitted development as an 'outbuilding' then being that close to the boundary means the whole structure is limited to 2.5m in height, measured from the highest point on the (original) surrounding ground.

However, if they have built it as self-contained living accommodation then it won't be a PD 'outbuilding'.

The above assumes the property has any/full PD rights to start with.

From what you describe they probably needed full planning consent, as well as building control approval, and quite possibly registration for separate council-tax.  (also possibly agreement from their mortgage lender, and notifying their insurer)

Brie

And potentially wouldn't daughter need to be paying council tax, tv license etc??  Assuming it's considered not an outbuilding?

Bendy_House

I'm pleased you are a nicely assertive type, Longwalks, as I suspect you are about to have a major falling out

But that shouldn't stop you from doing the right thing, if you need to.

FreeBear

Within 1m of a boundary, the maximum permitted height is 2.5m measured from the highest natural ground level. In addition, it should be constructed of predominantly non-combustible materials (so no straw bales & thatched roof).

If the outbuilding is being used as sleeping accommodation, then planning permission is required along with building regulation compliance. If this shed is self contained (i.e. has cooking facilities & bathroom), it is likely that it is also liable for its own council tax banding.

So three avenues to explore if you wish to complain -

• Breaches of local planning rules.
• Non-compliance of Building Regulations.
• (possible) Council Tax evasion.

longwalks1

Hi Section62
many thanks for your reply.  I forgot to say it’s power comes via extension lead run 20m down the garden (we heard them doing it, I kid you not) and sanitation is by way of a cheap plastic camping potty (again, heard them broadcasting it a few weeks ago) I doubt it’s got permission to be a permanent dwelling. 

They aren’t the kind of family we read most posters moaning about on here, they aren’t aggressive or threatening, but love to speak at near shouting volume and broadcast everything they do.  It ruins an otherwise quiet and peaceful area.  I just want to know the rules around it in case us asking them politely to stop making unnecessary noise (DIY starting at 8pm even though home all day, broadcasting everything they do for the benefit of all the suffering neighbours, daughter swearing multiple times in every sentence) ends up in a 2 way discussion.

longwalks1

Bendy_House said:

I'm pleased you are a nicely assertive type, Longwalks, as I suspect you are about to have a major falling out

But that shouldn't stop you from doing the right thing, if you need to.

The falling out really isn’t an issue.  A quiet and enjoyable place to come home to and enjoy is.  Like I’ve said we’ve asked them to be respectful previously and the volume dropped and we didn’t hear a peep for weeks.  Their volume slowly creeps up over time, and it’s unfair on the other neighbours around us who are mostly elderly.  

It isn’t even discussing what’s being done, it’s a genuine running commentary “right, I’m just going to pick up this screwdriver and turn that screw in then pick up the wood and make blah blah and it’s going to be the best and just brilliant and then”.  Some days it is relentless, and at a volume bordering shouting.  It’s only done for the benefit of letting the neighbours know what they are doing.

the daughter is your typical potty mouthed brattish millennial. Just wanted some facts in case she decided to throw a few swear words in.

longwalks1

FreeBear said:

Within 1m of a boundary, the maximum permitted height is 2.5m measured from the highest natural ground level. In addition, it should be constructed of predominantly non-combustible materials (so no straw bales & thatched roof).

If the outbuilding is being used as sleeping accommodation, then planning permission is required along with building regulation compliance. If this shed is self contained (i.e. has cooking facilities & bathroom), it is likely that it is also liable for its own council tax banding.

So three avenues to explore if you wish to complain -

• Breaches of local planning rules.
• Non-compliance of Building Regulations.
• (possible) Council Tax evasion.

Thank you very much FreeBear.  Just as I thought.  Cooking facilities are via a microwave (you can hear it ‘ping’ most evenings when sat at the bottom of our garden, we built a lovely pergola to relax in, some 20m+ from the house to get away from noise and all you can hear is her loud TV (I’m not a Love Island or Kardashian fan sadly)  and the microwave ’pings’.  No bathroom but a giant plastic adult potty. 

As I’ve said previously we are more than happy to request politely for a little less volume, but it’s nice to have some knowledge just in case McDonalds bingeing Love Island addict starts using the same language as she uses on her parents. 

Brie

If the daughter is just "sleeping out" because it's summer then that would be different than it being self contained accomodation.  And a camping loo would make some sense.  Our previous neighbours had 3 young lads and it was a fairly regular occurence for them to sleep in the shed at the bottom of the garden, all 3 or 1 of them with a number of mates.  But lad don't need a portaloo like a young lady might. 

So that side of things may be stopped when the temperature drops.  Then again I've 2 brothers who have at times lived in unheated dwellings consistently for a few years and that's in Canada where the cold is really cold so who knows.  

But the real issue is the proximity to the border and the excessive height of the building.

longwalks1

Thanks Brie - no it’s definitely a permanent dwelling.  When I say ‘recent’, I mean the last year, so it was lived in all through the winter.  

Section62

longwalks1 said:

When I say ‘recent’, I mean the last year, so it was lived in all through the winter.  

In which case it may be getting close to be timed out for BC enforcement (if it hasn't already) so you may need to act sooner rather than later.

Although the stronger case may be on a planning breach, the council may be disinclined to enforce as the impacts could be limited to you (and your neighbour's) amenity.  A breach of building regs typically involves people's health and safety, and therefore councils generally feel more (morally) obliged to encourage compliance when BR breaches come to their attention.

In other words, the planners may let it go if the owner puts some privacy film on the windows facing your way (which can be peeled off later) whereas BC may step in if there is a risk to the occupants and/or neighbouring property.