Can we extend from the rear garden?

msjtargaryn

Hi All,

I have put in an offer on a property that I am keen to buy. The offer has been accepted. The property is located in a popular area and most properties in this area sell very quickly. This property was on the market for almost a month with one reduction of 25k off the asking price. My offer was accepted with another 'small' reduction.

It has been a week since my offer has been accepted. However, yesterday, when I was going through the house's 3D view, in the garden, I noticed that the neighbours have two small windows on our side. I did not pay much heed at the time of viewing, but now it is bothering me.

The kitchen of this property is small, so we were considering extending it along with the dining room including building a conservatory. I was wondering from the image, if could we be allowed to extend given that we might block the neighbour's window. I tried to download the neighbours planning permission document from the council's website, but I receive a server error. The neighbours built this extension in 1995. The current seller of our offered property purchased this property in 2007. The seller had this property rented since then. So, I am assuming that the seller might have never bothered to extend. The seller is selling because they feel that it is not at all profitable to rent a property as communicated to me by the Estate Agent.

MeteredOut

Not a direct answer to your question, but if the property border between the two properties runs along the fence, then it looks like the neighbours extension soffits are over your property (legally trespassing).

If you do want to extend, and can get the window issue resolved, you'll have to decide if you want to "share" that wall or build further inside your property. Both will likely require a party wall agreement, which can become expensive if you have a non-co-operative neighbour.

You really should try get your neighbours planning application for that extension, as that will help other here guide you on your main question (the windows) but also the wider issues that are likely to occur when you do come to planning an extension.

First question is whether those windows were part of the approved plan; it would not be unusual at that time for people to add them even if not on the plans.

msjtargaryn

Thanks, MeteredOut. I have now got hold of the neighbour's planning application. Suddenly, the council website started working.

I can see on their application submitted in 1995 that they indeed had two windows approved on the side elevation. I can also see the boundaries mentioned in their application: 137 could be our property and 139 is the neighbour.

However, it is mentioned in the application that:

1. "The high level windows to the side elevation adjoining (our offered property) shall have a minimum sill height of 1.65 metres when measured internally from  the floor level."

2. "The high level windows in the elevation adjoining (our offered property) shall be non-opening and glazed in obscure glass before the development hereby permitted is first used and shall be permanently maintained in obscure glass".


Apart from the two clauses above, there is nothing mentioned about our "would be" property.

lincroft1710

Given the cost of building materials and the fact you will possibly not get pp for a full width extension as the neighbours will probably object to anything that blocks some light to their extension, it might be easier (and more economic) to find somewhere with the size of kitchen you need

jj_43

Approved planning doesn’t allow them a right to light that would prevent your own future extension. Given permitted development you could extend 3 metres at least. However they probably have a right to light now given 20 years have passed since the build. Given this your options for any extension are very compromised that it’s probably not achievable at all. And that should severely affect the property valuation. I wouldn’t proceed with the purchase.

MeteredOut

If an extension was built under permitted development (which does not need PP), what options would be open to the neighbour to stop that from happening?

Interesting that the block plan has the neighbours extension up to, but not aligned with, the boundary fence, but it looks like its been built in line with the boundary fence (unless the fence has since moved and been aligned with their extension). And there's definitely an overhang from the neighbours extension to a point past the fence-line.

BungalowBel

I think officially you could extend under permitted development, but it would almost certainly cause trouble with your neighbours, leading to a long dispute.  It might be easier to find a different property.

MeteredOut

OP, you may want to ask the same question over on this board, where there are lots of people with experience on permitted development, planning etc

https://forum.buildhub.org.uk/forum/110-party-wall-property-legal-issues/

ThisIsWeird

Hi msj.

Like many others, I see far too many problems trying to extend out from this property due to the very strange (by current standards at least) decision to either allow these windows in the first place, or - more to the point - to have potentially allowed them to remain uncovered for nearly 30 years.

On the first point, I don't think ground floor windows are necessarily prohibited - 1st floor and above are, with certain caveats - as it is presumed that the neighbour could easily screen it off if they wanted to. But, if this has not been done at any point since 1995, then there could be issues under 'prescribed easement' which would entitle that neighbour to the right of light.

And regardless of whether you could cover them up, you can be pretty confident that any attempt to do so will cause a lot of friction between you. And this will matter, because the obvious - and best - method of extending out would be to employ that wall as the outer skin of yours. This is by far the best outcome for both parties; it'll improve heat insulation, it'll reduce weathering and maintenance, and it'll avoid a silly, inaccessible gap between the two properties that will almost certain be a pita from then on.

These days, this is usually handled by a friendly agreement, or by the use of the PWA, 1996.

What to do? I dunno - perhaps knock on that neighbour's door and be upfront?! I have to ask - what do you have to lose? Even if they say 'fine', there's no guarantee they'll, stick to that.

Perhaps you could offer to install a lovely sky-lantern for them in exchange?

Seriously, tho' - this is a place I'd personally walk from.