built extension over the boundry by 100mm, need advise

[kingandy2nd]

I[t]was a genuine mistake .

Yes, but a mistake by who? Have you self built or has the work been done by a builder?

Who was responsible for setting out of the building and thus caused this mistake?

If it was another party (and not yourself) then I would be insisting that they rectify at their cost.

You're just leaving yourself open to future headaches with the neighbours or when you come to sell.

 

[Jackrae]

If the drawings that your builder was working to showed X metres, how come it's now X+0.1metres? And your foundations are obviously interfering with his existing wall that you claim is only 150mm away. By that token your builder must have found his foundations during the excavation. Maybe there's more to this that you should be concerned about than meets the eye.

 

[tony1851]

[quote="noseall";p="2797466"

I would be very worried. [/quote]

Why?? If he's drawing up an agreemenet with his neighbour, what's the problem?
Council won't be concerned either.

(In his later post, OP said the neighbour has an extension as well, so there will only be a narrow strip of unuseable land left anyway).

 

[pee1]

thanks again for the replies.

Is there a minimum or maximum leeway/margin you can be under or over for the size of your extension you have permission for?

so is there a mimimum or maximum % i can be under or over the size i have planning permission for?

thanks

 

[tony1851]

There won't be any official percentage leeway under or over.There are a few appeal cases where Planning Inspectors have said that even small amounts over (such as 25mm) will be enough to take an extension out of permitted development.

However, your case is not the same. The question to ask is: would your proposal have received planning permission had you sent the plans in with it 100mm wider?. I suspect the answer would almost certainly be 'yes' (subject to serving the correct certificate B on the neighbour, and to him not objecting).

It's also unlikely the planning dept would be concerned, even if they found out about it, which is unlikely. And after 4 years, there would be nothing they could do about it anyway.

Why oh why are you so worried??

 

[pee1]

I'm worried because I don't want to rip the wall down and bring it in 100mm once completed finished.

 

[tony1851]

Well if you're having a formal agreement drawn up with your neighbour, why should there be a problem?

Planning permission is a separate issue and the council amost certainly won't get involved. In the (very unlikely) event that they did, then the worst that would probably happen is that they would ask you to submit a revised drawing as a minor amendment.

 

[freddiemercurystwin]

And refuse it and bring about court action with costs and have it rebuilt/demolished.

 

[freddiemercurystwin]

Only joking!

 

[tony1851]

Try this link:

http://www.nhs.uk/Conditions/stress-anxiety-depression/Pages/free-therapy-or-counselling.aspx

 

[tony1851]

pee;
Look at this logically. Technically there has been a breach of planning control because your extension has not been built in accordance with the plans you submitted and which were approved.

Assume a worst-case scenario, which is that 1. the council found out about it and 2; they actually wanted to do something about it.

The only real recourse the council has is one of enforcement. However, this is never something they undertake lightly, and councils are constrained by policy guidelines as to the circumstances in which enforcement should be considered. Policy guidance states that enforcement would not be appropriate for a minor or technical breach where no harm has occurred.

Your breach is certainly technical and, in the circumstances, 100mm could well be considered minor. The question remains; has any harm occurred? Looked at from the point of view of amenity, have you detracted from your neighbour's amenity to an unreasonable degree? As your neighbour already has an extension there, your extension has reduced the narrow strip of ground he could not realistically use, from 10" down to 6". This hardly amounts to a serious loss of amenity.

These are probably the issues the enforcement dept. would consider and they would have to be complete idiots to try enforcement on this basis. They could also be liable for costs if they loose.

So stop fretting.

 

[pee1]

Thanks for the replies.

Any more advice is welcome.

I will update as to what happens.

Many thanks for the time you have taken to reply.

 

[wsdconst]

We had a boundary dispute where it turned out the fence which the architect had used as the boundary for the size of the extension was nowhere near the actual boundary. the simple solution was to just give the neighbour the same amount of land back down the garden problem solved obviously there is the legal side to sort with the land registry and as for planning just hope they never find out

 

[noseall]

So, you steal the prime building land and then give back some crappy end of the garden composting pile.

Sound fair and simple to me.

 

[wsdconst]

Yeah imagine all the things you could do with 250 mm of prime building land maybe build yourself a country retreat and a lake or a small castle with a moat. Until one day you find your dreams have been shattered because now you only have a 150 mm of prime building land instead. Some people are quick to point out the flaws of others ideas without offering any of their own. I'm off now because I've just remembered I have about a foot strip of prime building land behind my garage so I gonna put it on eBay see if I get 2 million quid for it.