Neighbours extension has window into attached garden

junglemonster

Hi,

Is this extension legal and will it prevent us doing a full width single story extension across the back of our house (if we buy it)?



If not legal, what do we need to do to ensure we can build? I don’t want to have to cover any of neighbours costs to fix something that I don’t think they should have done, and I don’t want to buy the house if there’s even a chance this could prevent us from extending.

Thanks

ThisIsWeird

Hmm, tread carefully.
Is that clear glass? If so, then - no - it breaches Planning regs. But, if it's been there long enough, then Planning may not be able to act.
In theory you could screen that window (it's surprising this hasn't been done), as no-one has a right to a 'view', but they may, possibly, have accrued a right to light - an 'easement'. This will come down to things like, is that their only or main light source to that room? And for how long have that had continuous light via that window? Depending on the answers, you may need to leave it uncovered! I'd personally find that completely unacceptable.
You will need more info. Eg, when was it built. Did it have Planning? Building regs? (Ie, have they breached either of these after having it built?) Was it always exposed like this? Was it changed from frosted to clear glass?
I'd ask you conveyancer to ask the vendor's all these Q's. I'd also look at 'historic' Google images to try and work out things like when was it built? Did that hedge originally go the house? Any obvious changes done?

FreeBear

ThisIsWeird said:. I'd also look at 'historic' Google images to try and work out things like when was it built

Google images & streetview is only likely to show the front of the house. There may be archived listings from when the house was last sold (and previous sales). Zoopla is a good source for these.

junglemonster

I can see from Zoopla that the extension and window is there as far back as 2015. No pictures attached to earlier records of sale.

Section62

ThisIsWeird said:

Hmm, tread carefully.
Is that clear glass? If so, then - no - it breaches Planning regs. But, if it's been there long enough, then Planning may not be able to act.
In theory you could screen that window (it's surprising this hasn't been done), as no-one has a right to a 'view', but they may, possibly, have accrued a right to light - an 'easement'. This will come down to things like, is that their only or main light source to that room? And for how long have that had continuous light via that window? Depending on the answers, you may need to leave it uncovered! I'd personally find that completely unacceptable.
You will need more info. Eg, when was it built. Did it have Planning? Building regs? (Ie, have they breached either of these after having it built?) Was it always exposed like this? Was it changed from frosted to clear glass?
I'd ask you conveyancer to ask the vendor's all these Q's. I'd also look at 'historic' Google images to try and work out things like when was it built? Did that hedge originally go the house? Any obvious changes done?

There's no planning reg as such that says that, although if you apply for full planning consent the planners are unlikely to agree to that feature (unless you are very insistent and the neighbour says they are Ok with it). It would (or may) be a local planning policy.

For permitted development there is a restriction on adding a side window which isn't obscured, but that only applies to windows on the upper storey.

In this case I don't think there is much the owner of the property for sale can do - other than accept they will only ever be able to do a partial-width extension, or else get agreement (no doubt with cash changing hands) for the window to be bricked up.

ThisIsWeird

Section62 said:

ThisIsWeird said:

Hmm, tread carefully.
Is that clear glass? If so, then - no - it breaches Planning regs. But, if it's been there long enough, then Planning may not be able to act.
In theory you could screen that window (it's surprising this hasn't been done), as no-one has a right to a 'view', but they may, possibly, have accrued a right to light - an 'easement'. This will come down to things like, is that their only or main light source to that room? And for how long have that had continuous light via that window? Depending on the answers, you may need to leave it uncovered! I'd personally find that completely unacceptable.
You will need more info. Eg, when was it built. Did it have Planning? Building regs? (Ie, have they breached either of these after having it built?) Was it always exposed like this? Was it changed from frosted to clear glass?
I'd ask you conveyancer to ask the vendor's all these Q's. I'd also look at 'historic' Google images to try and work out things like when was it built? Did that hedge originally go the house? Any obvious changes done?

There's no planning reg as such that says that, although if you apply for full planning consent the planners are unlikely to agree to that feature (unless you are very insistent and the neighbour says they are Ok with it). It would (or may) be a local planning policy.

For permitted development there is a restriction on adding a side window which isn't obscured, but that only applies to windows on the upper storey.

In this case I don't think there is much the owner of the property for sale can do - other than accept they will only ever be able to do a partial-width extension, or else get agreement (no doubt with cash changing hands) for the window to be bricked up.

My apologies - it's clear glass on second-floor upwards on boundaries that prohibit clear glass, afaIk.

ThisIsWeird

FreeBear said:

ThisIsWeird said:. I'd also look at 'historic' Google images to try and work out things like when was it built

Google images & streetview is only likely to show the front of the house. There may be archived listings from when the house was last sold (and previous sales). Zoopla is a good source for these.

Historic Google 'plan' views may be able to show when the extension was built, and whether there was ever a hedge or other screen in front of that window.

I understand they'd only have accrued a right to light if they had benefitted from this for a minimum period (~20 years?) without a break. An aerial photo of a hedge, fence or screen could nobble that aspect at least, so the new owner could screen it off if they wished. If they have no 'right' to light, then that opens up more options for the new owner.

But, what a way to meet yer neighbs - 'Hi. Do you like living in darkness'?

Junglemonster, this is one situation where I would knock on the neighbour's door and introduce yourself before considering an offer on that house. Explain what you'd like to do should you buy, and ask if this would be an issue. Being entitled to build a full-or-near-width extension is one thing, but having an instant fall-out with a neighb is another.

GDB2222

Section62 said:

ThisIsWeird said:

Hmm, tread carefully.
Is that clear glass? If so, then - no - it breaches Planning regs. But, if it's been there long enough, then Planning may not be able to act.
In theory you could screen that window (it's surprising this hasn't been done), as no-one has a right to a 'view', but they may, possibly, have accrued a right to light - an 'easement'. This will come down to things like, is that their only or main light source to that room? And for how long have that had continuous light via that window? Depending on the answers, you may need to leave it uncovered! I'd personally find that completely unacceptable.
You will need more info. Eg, when was it built. Did it have Planning? Building regs? (Ie, have they breached either of these after having it built?) Was it always exposed like this? Was it changed from frosted to clear glass?
I'd ask you conveyancer to ask the vendor's all these Q's. I'd also look at 'historic' Google images to try and work out things like when was it built? Did that hedge originally go the house? Any obvious changes done?

There's no planning reg as such that says that, although if you apply for full planning consent the planners are unlikely to agree to that feature (unless you are very insistent and the neighbour says they are Ok with it). It would (or may) be a local planning policy.

For permitted development there is a restriction on adding a side window which isn't obscured, but that only applies to windows on the upper storey.

In this case I don't think there is much the owner of the property for sale can do - other than accept they will only ever be able to do a partial-width extension, or else get agreement (no doubt with cash changing hands) for the window to be bricked up.

Can the house owners put a fence in front of the window, if that stops the light? As it is, it’s rather unsightly and I would at least want a trellis with plants. 

ThisIsWeird

GDB2222 said:

Section62 said:

ThisIsWeird said:

Hmm, tread carefully.
Is that clear glass? If so, then - no - it breaches Planning regs. But, if it's been there long enough, then Planning may not be able to act.
In theory you could screen that window (it's surprising this hasn't been done), as no-one has a right to a 'view', but they may, possibly, have accrued a right to light - an 'easement'. This will come down to things like, is that their only or main light source to that room? And for how long have that had continuous light via that window? Depending on the answers, you may need to leave it uncovered! I'd personally find that completely unacceptable.
You will need more info. Eg, when was it built. Did it have Planning? Building regs? (Ie, have they breached either of these after having it built?) Was it always exposed like this? Was it changed from frosted to clear glass?
I'd ask you conveyancer to ask the vendor's all these Q's. I'd also look at 'historic' Google images to try and work out things like when was it built? Did that hedge originally go the house? Any obvious changes done?

There's no planning reg as such that says that, although if you apply for full planning consent the planners are unlikely to agree to that feature (unless you are very insistent and the neighbour says they are Ok with it). It would (or may) be a local planning policy.

For permitted development there is a restriction on adding a side window which isn't obscured, but that only applies to windows on the upper storey.

In this case I don't think there is much the owner of the property for sale can do - other than accept they will only ever be able to do a partial-width extension, or else get agreement (no doubt with cash changing hands) for the window to be bricked up.

Can the house owners put a fence in front of the window, if that stops the light? 

That's the potential main issue. I think it depends on how long it's been like that. There is a possibility that the neighbour has accrued a right-to-light, an easement to that effect.

Something like 20 years of unbroken access? If the OP can demonstrate that at some point that window has been screened, then they should be ok. But, even then, I can see all sorts of neighbourly problems going forwards.

junglemonster

Thanks for the thoughts and advice. We decided to save ourselves all sorts of headaches, either legal or just neighbourly, and not offer on the property.

ThisIsWeird

I suspect you made the correct decision.
Good luck with your search - enjoy it