Neighboughs Extension

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Lancashire
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I have lived in our small semi detached bungalow for twenty years. The adjoining property was bought just before Xmas and they have since been building an extension on the back. They did tell us before they started. They said that they didn’t need planning permission and there was nothing we could do about it. Our lounge is at the back and there is now a Nine foot wall right up to our adjoining fence and within 3 feet of our lounge window. Can anybody suggest anything we can do to get rid of this prison wall effect? Maybe loss of light regs.!
 
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Bubble them to the planners: that close to the boundary would definitely need planning permission.

Should also have complied with the Party Wall etc Act, but there's not a lot that you can do about that now.
 
Have you checked with your local Council that is in fact the case? Even if the didn't need PP for the extension, it must still comply with Buiding Regs. & is subject to inspections so you may trip them up that way if they havn't followed proceedure.

Here’s a link to right of light which may help but I wouldn’t hold your breath;
http://www.planning-applications.co.uk/righttolight.htm

Be warned, such action will inevitable sour relations with your new neighbour if they aren’t already & may even start a war!
 
use their wall as one of your own and stick a conservatory off the back of the lounge...? ;)
 
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use their wall as one of your own and stick a conservatory off the back of the lounge...? ;)

Excellent Idea, but I'd give it a few years just incase they get rumbled anyway and have to take it down.
 
Bubble them to the planners: that close to the boundary would definitely need planning permission.

Should also have complied with the Party Wall etc Act, but there's not a lot that you can do about that now.

The Planning Act was changed in October 2008 so they don't need planning permission as long as the roof is on or under 3 metres. But thanks for the advise.
 
Have you checked with your local Council that is in fact the case? Even if the didn't need PP for the extension, it must still comply with Buiding Regs. & is subject to inspections so you may trip them up that way if they havn't followed proceedure.

Here’s a link to right of light which may help but I wouldn’t hold your breath;
http://www.planning-applications.co.uk/righttolight.htm

Be warned, such action will inevitable sour relations with your new neighbour if they aren’t already & may even start a war!

Thanks Richard.
The Right to Light Act seems very complicated. I'm hoping that they build it too high and I can get at them that way. I'm also trying to find out about the Party Wall Act.
 
The Planning Act was changed in October 2008 so they don't need planning permission as long as the roof is on or under 3 metres. But thanks for the advise.
But they do if it sticks out greater than 3m from the rear wall on a non-detached property.

PWeA won't be of use to you now.
 
I had a similiar case.

With respect to the Party Wall act the legal chap that advised me said that if the building work is not finished then you can get an injunction in a court of law to stop all building work, until the requiremnts of the party wall act have been fulfilled. But you would need to take advice.
 
That would only apply to works which are not started and covered by the Act.

If the works to which the Act applies (eg foundations and party walls) are complete, then there is nothing the Act can do. it can not be applied retrospectively
 
Not the legal advice I got. You are right if the works are finished the party wall act does nothing.

But if somebody starts work where the party wall act applies then the advice I got (from a lawyer) is that you can get an injuntion to stop all work to force the builder to comply with the party wall act as long as the work is ongoing.

Think about it if the party wall act stopping being able to be enforced as soon as the first spade hit the ground then nobody would ever comply with it.
 
Have you actually read and understood what Woody has written aelitaman? :rolleyes:
 
Likewise, if all the extension is built, except that the skirting has not been painted, then the neighbour can get an injunction and stop the job, force engagement of surveyors, to make an award on works already completed (which would be an irrelevant award), and only then the job can progress and the skirting gets painted?

Once the PW work subject to the Act has been complete, then it makes no difference to the neighbour so whether he seeks an injunction afterwards or waits 10 years, it is irrelevant to him as the work has been completed.

You can't comply with the PWA if the work subject to the Act has finished (ie the foundations and party wall work). No other works come under the Act so can not be stopped, as the homeowner is perfectly entitled to carry out such work in any case. A court will/can not grant an injunction against lawful work
 
I have lived in our small semi detached bungalow for twenty years. The adjoining property was bought just before Xmas and they have since been building an extension on the back. They did tell us before they started. They said that they didn’t need planning permission and there was nothing we could do about it. Our lounge is at the back and there is now a Nine foot wall right up to our adjoining fence and within 3 feet of our lounge window. Can anybody suggest anything we can do to get rid of this prison wall effect? Maybe loss of light regs.!

Check to make sure they have planning and Bregs right - but anything you might do here is just an irritation to them and will not solve the long term problem.

PWeA is of no use to you whatsoever now. Check to make sure you have no damage to your property caused by the extension. If you do, the neighbour will not be able to use the protection of the PWeA - which they would have done if they had served proper notice. So you might be able to irritate them further there.

Best thing I think you could do is build an extension yourself and make use of their side wall.
 

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