Can they build a garage off the boundary wall

whitts

does anyone know how i find out where my boundary is/was. I have got a copy of my deeds put there are no measurements on it, so as my neighbour has dug everything up and out, it looks like he is planning on building on my side, still waiting or the letter re the party wall act! but i eel i need to redeine my boundary. have looked on google earth but i could do with some facts and figures

whitts

i have spoken to the planning departmernt and they just said under 4m nothing to do with them, and they cannot comment about the party wall act, thanks anyway

woodbutcher_2

I'm astonished that they say it's nothing to do with them.When i built a garage at one of my houses,it was 1.2mts from the boundary but i was still paid a visit when a neighbour complained and he lived two houses away.I would go back and voice your concerns again.

tomstickland

Won't you stand on your fingers doing that?

Gavin57

Someone from planning should visit the site to see if planning permission is required or not. If the garage requires planning permission they should request a planning application otherwise. If garage is classed as permitted development then no planning application is required and planning should have no further involvement.
If there is a boundary dispute then this would be a civil dispute that needs to be sorted out by the op and their neighbour.
Your neighbour should have been courteous and advised you of his intentions before he started to discussed the matter before starting.

whitts

Have re rung planning and waiting for them to call me back, I am going to push for them to come around

planning_officer

woodbutcher wrote: »

He can't do that.Just the guttering being over the boundary line is enough to get it stopped without all the other issues.Get in touch with the local planning office and tell them your concerns,they are duty bound to follow up complaints.In the meantime all the info you need is at the planning portal.Just type it into google.

They can't follow a complaint up if nothing is yet built!

woodbutcher_2

Yes,you're right.Never thought of that.Foot in mouth time.

whitts

planning officer coming next wednesday, however i asked about where the starting height comes from( i think it is called a datam reading) as the original level which was grass has been covered in rubble and is about 1 foot higher,the problem is i am going to loose views and the afternoon sunlight the higher it goes.

planning_officer

Assuming you don't live in a conservation area, an AONB or a National Park, your neighbours can build a detached garage as 'permitted development' unless any of the following criteria apply:

- It's any nearer a highway (which includes a public footpath) than the dwelling itself is (unless it's further than 20m from the highway, in which case that doesn't apply);
- If it is greater than 10 cu m in volume (which a garage would be) AND is within 5m of the dwelling (in which case it's classed as an extension and different criteria apply);
- It's higher than 4m (if it has a ridged roof) or 3m in any case;
- The total area of buildings within the curtilage (excluding the dwelling itself) exceeds 50% of the total area of the curtilage.

So, if any of those criteria apply, it cannot be permitted developemnt and a planning application will be required.

Quite surprised a planning officer is coming out to see you - if they haven't built anything, there's nothing for him/her to assess! They can't write to the neighbour saying "we hear you may be considering building a garage... if so, these criteria apply..."!

In terms of the starting height for measuring height, it is the highest part of the ground level around the garage that is measured. I've always thought that is flawed legislation, as it really should be the lowest ground level, but it isn't - I've been involved in several enforcement cases on that issue!