Boundary issue-difficult neighbours

[Mandie80]

Hello, we have bought our home recently, it is a semi detached house and already had a garage linked to the main house, no planning permission. It was on the boundary, so no fence. My husband rebuit it as the structure was bad, leaking and our neighbours are now complaining that it is on the boundary, but actually it already was like that when we bought it.
What should we do now? Can we get a planning permission although it is already buit?
Our neighbours are imposible to talk to. What can happen? I appreciate any advice.

 

[Architexeter]

Are they complaining to the planners or to you? Are they saying has not been rebuilt in the same place or that it should have been rebuilt in a new location further from the boundary.

It may be worth getting a certificate of lawfulness for an exiting development regarding planning (kinda retrospective planning permission) but if it is a boundary issue then its more of a legal matter than a planning one.

As the work was on or near the boundary you would have had to serve a Party Wall etc. Act notice prior to commencing work and so these issue should have been discussed/resoved at this point.

 

[Mandie80]

Thank you for your prompt reply. I suppose we need to check with the old owners but we think that they didn`t have any permission.
What can happen now? If they take this matter to court?
Otherwise how about if we brought the garage closer to our end and build a fence on the boundary, would that improve things? Although the garage is still without a permission and as I understand if it is attached to the main house, it needs permission. Sorry if my wording isn`t technical I am just trying to understand.
Also, what do you mean "getting a certificate of lawfulness for an exiting development regarding planning", please, and where from?
Thank you

 

[mattylad]

How long was the garage in that position before you moved in?

If its been there 10 years+ then you the previous owner may now own the land its on.

 

[Architexeter]

Ok,

There are two things you need to read up on.

1. Is somenting called Permitted Development (PD). It covers minor alterations and extensions to homes deemed accepable without requiring planning permission. Erecting a greenhouse, changing your windows, getting a sky dish all fall under this PD right. An attached extension such as the garage in question can also fall under PD but it is subject to various limits. To confirm this one can apply for a certificate of lawfulness from the planning authority.

2. As the garage was there for some amount of time, the passage of time should make it immune from requiring planning permission, in this instance one can also apply for a certificate of lawfulness from the planning authority.

As for replacing a building like for like, I am not sure if this 'resets' the passage of time justification.

If the neighbours are considering taking this matter to court then it is unlikely that it is a planning matter but a civil law matter. I think you have your wires crossed, what exactly are your neighbours saying they are not happy with?

For more information on planning, look on the planning portal.

 

[Mandie80]

The land is ours. I would like to find out how to make or what to do to have the garage and to make it legal considering the details I mentioned in my previous posts.thx

 

[richardrich79]

Assuming you have not encroached on your neighbours property when you rebuilt your garage and the size including the height hasn't changed you can ignore the neighbours complaint.
The need for and subsequent lack of any PP for the garage should have been dealt with by your conveyancing solicitor, was it mentioned during the searches>

 

[geraldthehamster]

Was the garage completely removed before being rebuilt? If so, it's a new structure, so how long the old garage was there is irrelevant. However, many garages fall under permitted deveopment, and under a certain size don't need building regulations approval either.

http://www.planningportal.gov.uk/permission/commonprojects/outbuildings/


Cheers
Richard

 

[tony1851]

This could well be a storm in a teacup. If it is a conventional older semi with an 8ft driveway, it's unlikely that a garage would need planning permission from the council (though if it's a modern home, your rights to do this may have been withdrawn).

Building regulations approval would strictly be necessary as it is attached to thhouse, but that will not be a major problem because you can pay to have it 'regularized' by the council's building control dept.

Apart from that, it seems a civil matter of alleged encroachment over the boundary. Your neighbour would have to prove that it had been rebuilt over the boundary to stand any chance of success in a tresspass action, and how can he do that?

Difficult neighbours can huff and puff over these things, and send out solicitor's letters etc, but these things rarely end up in court. Try not to bother about it.

 

[Mandie80]

Thank you to all for helping me with suggestions. The garage wasn't completely removed, just one side replaced, the foundation wasn't changed, and the roof was replaced as well. The neighbours complaints are around the fact that the garage is on the boundary and there's no place for the fence to be put up. Although it is our side of the fence, not that this would be an excuse for us to have it that way.

 

[Mandie80]

Thank you Tony, I hope you're right. We really don't mind moving the garage later next year as long as the neighbours give up on this "war". This summer or so... we can rebuilld that side of the garage and put a fence up, we were worried and confused on how to do things right and what could happen to us if they took the matter forward, to court for example.

 

[TonyW2]

Always remember that courts will frown on trivia. So if the war is about inches that don't have any major knock on consequences, the courts will not touch any litigation. Your neighbour's solicitor will understand that, you now understand that so as you don't talk to the neighbours, just wave politely with two fingers to them.

 

[Architexeter]

You can build an outbuiding right up to a boundary such that the wall of the building is the boundary.

I would just kindly tell the neighbour to put their concerns in writing and you can pass it onto your solicitor to advise further as you cannot see what you have done wrong.

 

[RonnyRaygun]

Just remember you've got to live next door to your neighbours.

It is a shame when people are so petty as you haven't changed anything in rebuilding the garage in its original position.

Politely point out what the two posts above state; namely that you are completely within your rights building on the boundary, and secondly that the courts will not take kindly to an argument about inches of land. If you can back it up with official documentation then they might skulk off with their tales between their legs.

 

[cjard]

tales between their legs.

is a tale between their legs a consequence of them talking out of their arses?