Retrospective planning enforcement/building regulations

Joined
6 Feb 2020
Messages
5
Reaction score
0
Country
United Kingdom
Hi, I have recently made a complaint about our neighbours extension. The extension is built right up to our fence and outwards to what appears to be outside of planning rules. The building is constructed with what could possibly be inappropriate materials. The roof is corrugated plastic, however, we are unable to see what the rest of the building is constructed of due to visual limitations. The building appears to have been insitu for many years, therefore is not new. We have concerns over the safety of the building, due to the materials used that we can see. It is also highly unsightly and is preventing us from enjoying the view of our garden. The neighbor has also erected a fence made out of concrete baseboards which is over two metres high. For a little bit of background, our neighbour has tried to prevent us removing the hedge (picture shown) that is growing on our property. He states one of the previous occupiers as allowed him to plant this many years ago and as such it belongs to him! Anyway this is being dealt with but has now given us a dispute which would have to be declared if we decide to sell. This shows the kind of man we're dealing with. What I want to know is, if this extension has been insitu for over 4 years, which is likely, what are the chances of us being successful with our complaint? Or what happens if it doesn't apply to building regs? Thanks.
 

Attachments

  • IMG_20200206_105145.jpg
    IMG_20200206_105145.jpg
    404.7 KB · Views: 402
  • IMG_20200206_105217.jpg
    IMG_20200206_105217.jpg
    418.3 KB · Views: 418
Last edited:
Sponsored Links
Unfortunately your chances of getting anything done on the Planning front are zero.
The cut-off time for planning enforcement is indeed 4 years.
 
That's what I suspected . What about on the building regs side of things? Thank you
 
Sponsored Links
What an eyesore but looking at the first picture, the 'wall' made of gravel boards appears to be set back into the neighbours garden beyond the boundary line which I presume is the wooden fence. If this is the case, the hedge is in your neighbours garden so it is their hedge.
 
Building regs?
Not a chance.
Under the Building Act, councils can take action for contravention of the regs under s.s 35 or 36, but it has to be within 12 months of completion.
Alternatively, anyone - including councils - can serve an injunction on the owner at any time, but it has to be where a clear danger to life or health exists (eg high fire risk or structurally unsound).
Councils very rarely use this method as they have the burden of proof, and can be liable for costs if they fail.
 
Not a chance.
Under the Building Act, councils can take action for contravention of the regs under s.s 35 or 36, but it has to be within 12 months of completion.
Alternatively, anyone - including councils - can serve an injunction on the owner at any time, but it has to be where a clear danger to life or health exists (eg high fire risk or structurally unsound).
Councils very rarely use this method as they have the burden of proof, and can be liable for costs if they fail.
It's looking like we'll just have to live with this monstrosity then! I wish I'd not been so eager to make the complaint as they will love this!
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top