Building on a boundary wall...

[SimonWH]

My neigbour has a relatively new car-port/garage on the side of their house, next to my drive. This is built directly on the boundary wall, the guttering overhangs my driveway.

I have been told that the gutter is definitely a breach of boundary.

I also thought you were not allowed to build directly onto a boundary wall. The side wall of their 'car-port' is effectively an extension of the old boundary wall. My boundary wall in fact.

Am I correct in my understanding of where you are allowed to build?

This was all built before I moved in last year but as they've just complained about some of my building work (they didn't object to planning permission) I am wondering if I should use my acceptance of their boundary breach as an example of compromises we all come to.

The council have already told me my neighbour doesn't have a leg to stand on, but I don't want to antagonise them too much by just saying 'tough luck, you missed your chance'

I want to try and be nice, but I can't afford to make changes to my garage now...roof goes on at the weekend then its done.

 

[^woody^]

You have to weigh up if their complaint will be just a complaint, or if it will end up in you having to alter your work.

If you are in a strong position anyway, then just ignore it. If you need to then you could mention their trespass, and use it as a bargaining tool.

In either case, you need something finalised, and possibley in writing, else a dispute with the neighbour will have to be declared at any future sale time - but that goes for the neighbour too.

With regards to the wall, then you have to determine whether it is owned by you, or is shared or owned by the neighbour. The physical boundary and ownership and/or responsibility for maintenance can be separate things.

If it is shared, then he can build on it. If it is your wall, then he can't.

The Party Wall Act would define this as a 'party fence wall' , but as this is already built, the PWA no longer applies in this instance.

But at the end of the day, you should try and sort this out amicably

 

[SimonWH]

Thanks for the advice Woody.

When I got home last night my builder has temporarily erected some truss so that my neighbour can visualise the roofline more easily. He seems to think they are resigned to the fact there is nothing that can be done about it.

I'm going over tonight to talk about it with the neighbours, so hopefully all will be sorted amicably.

I measured the height etc. last night and if it'll help, I think we can lower the height by one course of bricks. However, I don't see how this will make much difference. Its still an option I can offer.

I'm sure the main issue is the change. Before, the garage was further away from the house so they couldn't really see it. The new one is closer and therefore the view has changed.

My wife and I found ourselves looking at garages near home and on the way into work this morning. Ours is actually shorter than most that have a sloped roof and is definitely shorter than others in my area. My neighbour who is complaining has a higher garage than ours for example. So hopefully a day for them to calm down will help.

I take on board the comment regarding changing the roof design to keep the peace, however this will entail too much additional cost and also mean my builder may have to decline doing it as he has other jobs lined up for January already.

Re the Boundary wall. Thanks for comments, I hope not to have to mention this at all but its nice to have a little bargaining point if needed.

It is the wall that I was told I was responsible for when we purchased the house last year and also the wall that my architect said would cause problems for me if I wanted to extend sideways (due to their guttering overhanging and also their air bricks one of which has a tumble drier venting through)

Wish me luck tonight. We're feeling quite awkward about this, its not nice to have any dispute with the neighbours. I think everyone will agree its better to be amicable with each other.

 

[joe-90]

You don't need luck. As long as the planning people are happy that's good enough. Planning ideas have changed recently and you can now build just about whatever you like on your property. No-one has the right to a view on either side of the property - just front and back.