2-Storey Extension within 1 Metre of Boundary

[robfoster2000]

Hi.

I purchased a semi-detached house earlier this year which has had a 2-storey extension built about 5 years ago and had valid planning permission. It also has a building regs certificate.

I had a home buyers survey done which highlighted one or two things but didn't raise anything drastic.

Recently, my next door neighbour mentioned that there could be an issue because the extension makes our outside wall less than 1 metre from the fence between our houses. I've measured it and it's about 600mm from the fence.

My neighbour reckons that at some point, the council instruct us to pull the extension down! This sounds a bit drastic, but I wondered if anyone knows what the law is in a case like this and if we could be exposed to any risk in the future?

Thanks.

 

[tony1851]

Relax - your neighbour is an idiot.

There is nothing the council will - or can do - once the extension has been up more four years as it is then time-barred. This applies even if it was not built strictly in accordance with the original plans.

 

[RonnyRaygun]

If it's complete and had valid planning permission, you have absolutely nothing to worry about.

It might not comply with the local planning policy, but permission was granted. Are you even sure that your LA's policy only allows homeowners to build a second storey within 1m of a boundary. It's a common rule but not all councils have this policy.

There are occasions when planning permission can be revoked, but this is very rare and almost never once the build is complete.
Even if it wasn't built to the original planning permission, more than four years have passed so the time limit for the council to take enforcement action is gone.

 

[robfoster2000]

Thanks Tony/Ronny.

Appreciated the feedback. I wasn't aware about the 4 year rule. It was completed early 2008 so it's certainly been more than 4 years now.

Cheers.

 

[Architexeter]

The only thing that rings a bell in my head reading this is the building regulation relating to fire spread. You cannot build within 1 metre of the boundary unless it is built primarily of non-combustible material. A lot of people know the first bit of this rule but not the second bit, so just think that you cannot build within 1 metre of the boundary.

 

[tony1851]

The only thing that rings a bell in my head reading this is the building regulation relating to fire spread. You cannot build within 1 metre of the boundary unless it is built primarily of non-combustible material. A lot of people know the first bit of this rule but not the second bit, so just think that you cannot build within 1 metre of the boundary.

Yes, but OP said it was approved by Building Regs?

 

[RonnyRaygun]

primarily of non-combustible material...

Bricks then?

 

[Architexeter]

The only thing that rings a bell in my head reading this is the building regulation relating to fire spread. You cannot build within 1 metre of the boundary unless it is built primarily of non-combustible material. A lot of people know the first bit of this rule but not the second bit, so just think that you cannot build within 1 metre of the boundary.

Yes, but OP said it was approved by Building Regs?

Indeed, so its all fine but perhaps thats the regulation that the neighbour probably heard one day somewhere and decided it was relevant here.

 

[Architexeter]

primarily of non-combustible material...

Bricks then?

Is this a trick question or just the beginning of a very long game?

 

[RonnyRaygun]

primarily of non-combustible material...

Bricks then?

Is this a trick question or just the beginning of a very long game?

I reckon you're going to be alright here if you stick around.

As long as Freddy Mercury's Twin doesn't take offence that there is someone more qualified than him on the subject of architecture

 

[tony1851]

Putting aside the technicalities for the moment, fwiw, my guess is that the OP's neighbour has llived there for forty + years - thinks he rules the roost - and probably objected to the extension when it was built.

After it was built, I shouldn't be surprised if he complained to the council, but got the brush-off from them.

He probably knows there's absolutely nothing he or anyone else can do about it, and yet has to drop a spanner in the works to upset the OP; some people are like that.

 

[RonnyRaygun]

Putting aside the technicalities for the moment, fwiw, my guess is that the OP's neighbour has llived there for forty + years - thinks he rules the roost - and probably objected to the extension when it was built.

After it was built, I shouldn't be surprised if he complained to the council, but got the brush-off from them.

He probably knows there's absolutely nothing he or anyone else can do about it, and yet has to drop a spanner in the works to upset the OP; some people are like that.

I think you're probably right Tony. I wonder how many people wouldn't buy their houses if they were aware in advance whom they would be living next to.