Home extension and neighbour issue

[Deleted User]

Hi, this is my first post. Apologies in advance if this seems silly but this is all very new to me.

Currently doing a single storey extension on our house in a conservation area.

We’ve almost finished, are about 2/3 weeks from the end. This is our first time doing a house project and so far things have gone surprisingly well.

Just today, a neighbour who owns many properties around us has said he might speak to the council as the house is about 300mm bigger than the original plans that were submitted to planning and subsequently approved, making our house closer to his properties (but not crossing the boundary line).

I fully accept that we’ve knowingly done this, HOWEVER building control has visited the site regularly and signed off everything including foundations before the walls went up. 

I don’t think they physically measured the property (apparently they rarely do) but they have been on site several times with ourselves/our builder and have been happy. As the built is not quite finished we haven’t had their final compliance report yet but all good from them so far.

My question is - can building control revert their decision and can they/the council force us to knock it down?

Many thanks.

Andy_L

AIUI building control just check that the building conforms to, current, building standards. They do not deal with planning permission

Section62

Lauren1513 said:

Hi, this is my first post. Apologies in advance if this seems silly but this is all very new to me.

Currently doing a single storey extension on our house in a conservation area.

We’ve almost finished, are about 2/3 weeks from the end. This is our first time doing a house project and so far things have gone surprisingly well.

Just today, a neighbour who owns many properties around us has said he might speak to the council as the house is about 300mm bigger than the original plans that were submitted to planning and subsequently approved, making our house closer to his properties (but not crossing the boundary line).

I fully accept that we’ve knowingly done this, HOWEVER building control has visited the site regularly and signed off everything including foundations before the walls went up. 

I don’t think they physically measured the property (apparently they rarely do) but they have been on site several times with ourselves/our builder and have been happy. As the built is not quite finished we haven’t had their final compliance report yet but all good from them so far.

My question is - can building control revert their decision and can they/the council force us to knock it down?

Building control don't normally comment on or get involved in planning matters.

Building otherwise than in accordance with the approved planning drawings is something that the planning department could take enforcement action over - and are potentially more likely to do that in a conservation area than elsewhere.

Is there is reason why the extension is being built 300mm larger than the plans approved by planning?  Did the builder express any concerns about this?

Edit:  The answer to the bit in bold is 'yes', ultimately the council could make you demolish the part of the building not in accordance with the plans, but it is more likely they will first ask you to apply for retrospective consent or for a non-material amendment... but that does depend to some extent how much fuss the neighbour can (reasonably) kick up and what kind of impact the additional 300mm has on the conservation area.

GrubbyGirl_2

Never wise to knowingly not follow the approved plans.  The least you will face is having to apply for retrospective approval, but they may play hard ball as you are in a conservation area AND you have a complaining neighbour.  I am curious though as to how the neighbour has measured your extension without trespassing on your property?

EssexExile

GrubbyGirl_2 said:

Never wise to knowingly not follow the approved plans.  The least you will face is having to apply for retrospective approval, but they may play hard ball as you are in a conservation area AND you have a complaining neighbour.  I am curious though as to how the neighbour has measured your extension without trespassing on your property?

A tape measure over the fence.

Section62

GrubbyGirl_2 said:

I am curious though as to how the neighbour has measured your extension without trespassing on your property?

Counting the number of bricks?

sevenhills

[Deleted User] said:

I fully accept that we’ve knowingly done this

Rather a daft thing to do, did you think a larger extension wouldn't get approved?

Chickereeeee

Sounds like OP has gone too close to the boundary. Planning like to keep a metre gap.

thearchitect

I assume that you mean that the footprint of the extension is 300mm wider.   That may not seem like a lot but it may also have an impact on, for example, the height of a pitched roof and - as others have said - distance to boundaries.   Planning may consider or a Non Material Variation, but it is important that you have your architect or surveyor discuss this with them at an early stage.

DRP

Why is the neighbour going to complain? How close are you now from the boundary?
 I suppose there’s a big difference from the wall going from 120cm to 90cm from boundary, compared to being 40cm and now 10cm…

Section62

WhiskersTheWonderCat said:

You say 300mm as if it's insignificant, but 30cm is a fair amount. And to knowingly do this, is quite disrespectful. As above, how close are you to the boundary now? And is there a reason you didn't just submit this in your original planning? I can only imagine the reason that you didn't, was because you thought it might be refused? 

As for the "neighbour issue"; it seems that the issue is yourself. 

As DRP says, how far the finished extension is from the neighbour's property is an important issue.  E.g. 300mm closer when the properties are 5 metres apart would not be that big an issue.

Let's not hang, draw and quarter the OP without getting more of the facts... which we may never learn if this thread fills up with hostility and criticism about what they have done.  Personally, I'd like to hear how this case pans out in the end, which we probably won't get if the OP thinks they aren't welcome here.

If the change is material and one the planners are not willing to accept then the OP is going to have enough grief dealing with an enforcement notice... that should be 'punishment' enough.