2 Storey extention - neighbours house

[JLC9779]

We live in a detached house and our neighbours maybe looking to build an extension to the rear. Their outside wall of their house runs parallel to our house approx 1.60m away. So:

1. Are they allowed to build a two storey extension as long as they slope the roof to 3m eaves level (presuming 3 metres away from the house as that is the max extension allowed) So it would start at 2 storey and then slope down to 3 metres height.
2. It would have to be single story to keep with 3 metres max eaves height?
3. Presume instead of using the existing outside wall, they would just step it in 0.5m, then they could just do a two storey height building at whatever height they wanted, as it is more than 2 metres away from our wall?
Any views would be much appreciated. Obviously we are concerned of the impact a two storey extension would have. Their house is already 2 metres behind our house. so a two storey extension of 3 metres, would basically mean. The first 5 metres of our garden on the left hand side would be facing a massive wall. the sun rises in that direction etc, but looking at the planning portals it looks as though their is limited if anything we can do.
Any help would be very much appreciated. We do not know if they will go for a permitted development or planning permission.

 

[jeds]

It's difficult to follow written descriptions. A simple sketch is worth a thousand words.

 

[JLC9779]

Hope the below helps.

 

[Nakajo]

I think you've got it more or less right - all possible, with the limitations you've described

 

[JLC9779]

Thanks, but if you look at the plan, you will see their existing outside wall of their house is within 2m of our house? So does that limit them what they can build? I guess if they extend from the existing side wall the extension would be within 2 metres of our fence, does that limit them?
If so, what can they do, I guess extend slightly inwards of the existing wall by half a metre? Then the extension will be more than 2 metres away?

 

[jeds]

If they arrange the extension so it is ≥ 2m from the boundary then they can build a second storey under PD. The other restriction is that it can only project 3m from their rear wall.

PS, presuming they have PD rights intact?

 

[Diver Fred]

Do they know someone in the planning dept? Do you know someone in the planning dept? That seems to be the way to get stuff done.

I'd hope that they are going for planning permission - it may be worth your while asking the planning department at the local council for advise as you are so concerned.

 

[JLC9779]

That is our problem, we do not know what they are going to do. Just noticed a couple of architects in their garden discussing it, so we want to be prepared if they come round and tell us, or we see something on the planning portal. Guess if they keep greater then 2m from our boundary they can basically do what they want and one day we will see them starting to build. We just want to lessen the impact on our v light / view garden if we can. Just may spoil things for us and it has come as a surprise. Will be interesting to see how they can get the work done as either side of the house there is only a gap of around 1.5m so not sure how they will get all the supplies through and diggers etc. Do they have rights to come through our garden? or would they need to ask and could we refuse?

 

[thomp1983]

It's not what you want to hear but they are entitled to seek planning permission to build 2 storeys right upto the property boundary, then the council will decide if its acceptable, they will consider any issues you put forward during the application process.

As for completing the works a small digger will fit through a normal garden gate, or foundations can be hand dug if totally necessary, getting materials in place will be a case of labourers shunting through the house if necessary.

Another thing to consider is if access to do the work is tight it may be better to let them work from your land to ensure you end up with the best finish possible, bricklaying over hand usually ends up in a poorer finish and you'd be the one left looking at it all the time, sometimes it's better to not cut off your nose to spite your face.

 

[JLC9779]

Thanks for your replies, it is good to know what the possible options are. I just still find it hard for such size extensions to be built with planning permissions. As you say if they do go for planning permission and want to build near the boundary then at least we can object and it gives us a chance. I maybe back asking for some help on that. I am not being totally selfish here. We really think the extension would block some light and have a negative impact. But I guess there is nothing we can do much at the moment but wait and see and get ready to object if we can.

 

[jeds]

They have no right to come onto your land without your permission, although at 1.6m gap I don't think they would need to? Some people think builders have rights under the party wall act but they are mistaken, no such right is given for building or building access purposes, only for surveying purposes.

That's the next thing for you really, the PWA. If the building is within 3m of yours and the foundation is at an equal or lower depth then they must serve you a party wall notice. Otherwise, if they maintain the 2m and 3m, the next thing you know, unfortunately, could be when they start digging.