My extension & my neighbour

Joined
5 Dec 2016
Messages
34
Reaction score
1
Country
United Kingdom
Decking.jpg
Comrades, my next-door neighbour happened to mention that, maybe next year, he intends installing decking over his wee back yard and possible over his single-storey extension.

He said he intends to connect his joists to my extension (23) on one side and to his extension (25) on the other side of his yard - see image (joist indicated in orange). The image I've uploaded is from the own plans for my extension years ago.

Do you reckon he has any right to do this if I don't want this structure attached to my house?
 
Last edited:
Sponsored Links
No, he has no right, as far as I am aware.
It's your property, write to say sorry, you do not give permission.
Also, that isn't decking, that's a balcony surely? No permitted development rights for balconies, would need planning.
Guessing he is hoping to make some sort of roof terrace with a door replacing a window?
 
The only chance he's got is if you built right on the boundary line.
And even then, would be difficult for the council to approve.
As mentioned, this need planning permission being a balcony.
 
Saw the same post on another forum so won’t reply to this one as well.
 
Sponsored Links
Do you reckon he has any right to do this
Balconies are highly contentious and require PP and BR. The regulations associated with the balcony safety railings etc, are also quite strict. He'd be expecting to fix the rails to your wall, so I'd say it's a non started from the outset.

He may be able to build it free standing but would still require PP.
 
Gummo, what did the other sites recommend?

Andy
The consensus is that, apart from the almost possibility of getting the project past planners and building control, he needs my permission to connect his joists to my wall. In terms of the wall, there's doubt as to whether it's a party wall or not with one contributor suggesting that the centre-line of the chimney is the boundary. If that definition were to be true, my outside edge is plumb with that line - see pic.

Chimney Line.jpg
 
The consensus is that, apart from the almost possibility of getting the project past planners and building control, he needs my permission to connect his joists to my wall. In terms of the wall, there's doubt as to whether it's a party wall or not with one contributor suggesting that the centre-line of the chimney is the boundary. If that definition were to be true, my outside edge is plumb with that line - see pic.

View attachment 191631
There's no doubt. Its not a party wall as its not separating rooms between dwellings. And he cant make it a party wall either.

The permission he requires is one of basic property law, fixing to (ie interfering) with your property within your property boundary, and that needs express permission from you - which if you follow the legal principles becomes an easement or a licence for the right of support for the neighbour's structure.

The structural fixing is not really an issue. But what comes with it - noise, flashings, maintenance and whatever he wants to use it for.
 
You need to tell him NO before he goes ahead with it.
Once he has done it - it will be harder to get him to remove it.
 
There's no doubt. Its not a party wall as its not separating rooms between dwellings. And he cant make it a party wall either.
Do you reckon that the centre-point of the chimney would satisfactorily indicate the boundary line?


... noise, flashings, maintenance and whatever he wants to use it for.
Maybe add 'parties' to that.
 

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