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Neighbour disputes rendering to extension wall.

Discussion in 'Building Regulations and Planning Permission' started by Huntley, 5 Apr 2018.

  1. Huntley

    Huntley

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    hi just looking for some advise.

    We had a conservatory built two years ago. We applied for planning which we later found out our neighbour had disputed although it was passed upon two regulations.

    First we had to kept to the correct sizes (which reduced our build considerably) and secondly the wall which faced the neighbour had to be flat white rendered. We had no problem with this and agreed.

    The build was around 80% complete and we hadn’t heard anything from our neighbour. The week of completion we had a knock on the door telling us access was not permitted for us to do the rendering. My builders made the council aware of this issue and the planners told our builders to reimburse us the rendering money and not to complete the task if the neighbour was being tricky.

    We have since had the conservatory complete for nearly 2 years now without hearing from our neighbours but today my wife was confronted by them asking when the rendering was to be done. My wife explained the situation but the neighbour got very irate and demanded the work done which she refused two years previous.

    Would anybody know where we stand legally to not carry the work out of any advise on what we could do?

    Thanks guys
     
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  3. KenGMac

    KenGMac

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    Huntley, good evening.

    Do you have anything at all in writing? either from your neighbour or the Builder or the planning department?

    In any dispute you need three things, records, records and records.

    As to how to proceed? you would firstly need to get your neighbour to write to you and tell you that there is now no impediment to the wall being rendered.

    You will have to inform the planners of this new development.

    At this point it is up to you as to how you want to proceed? do you want to expend your funds and render the wall??? or just to be obtuse refuse to do anything [see proviso below] and what relationship do you have and want with the neighbour???

    But this all hinges on what formal records exist as regards the neighbour refusing access in the first place

    Ken.
     
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  4. JohnD

    JohnD

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    there is a good chance that on the council website you can look up the Planning submission, approval, and objections. Start there. You might need to ask for copies of other correspondence, I don't know if that is considered "public documents."

    It's always worth keeping copies of the documents, printed off. Very much to my surprise, when submitting plans for alteration to the family house, I found the website had the records for previous alterations about 50 years before. They included plans to convert a downstairs room into a garage, and much later, to convert the garage back into a room, as well as "conservation area" window and brickwork drawings.
     
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  5. KenGMac

    KenGMac

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    Huntley, good evening again.

    Having considered this thread again?

    I would blank the request to render the wall, unless the request was in writing, I would then get an estimate for the work, then make an approach to the local planners[by phone] to find out their take on the matter.

    The ball is then in your court, in that you have a get out of jail Free card, the Planners instructing your Builder to omit the render from the Contract and reimburse you for that portion of the agreed contract.

    You can as you see fit go for the rendering or say no?

    My concern would be that your neighbour could?? --- stress could??? claim damages actual or perceived as the work proceeds or when the render is completed.

    As I read it you are in the driving seat, it is after all your funds that will be expended, if you are comfortable with the present status Quo why change the situation at your cost?

    Finally, will the lack of render in any way affect the future sale of your property?

    Apologies for my apparent cynicism, BUT???

    Ken
     
  6. garyo

    garyo

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    Are the neighbours currently looking at a reasonably tidy brick wall, or a rough block wall that was intended for rendering?
     
  7. sparkwright

    sparkwright

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    Good point. You were going to have it rendered anyway weren't you?

    Chances are it needs doing to finish the job off.

    Maybe they have realised it looks unfinished.
     
  8. Notch7

    Notch7

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    I cant see the planners having any interest in this. It woild become an issue if the neighbour kicked a fuss then LA would probably get in touch.

    What lovely neighbours you have :)
     
  9. pilsbury

    pilsbury

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    Ian H will be along with a wise suggestion for you soon. In reality, the only way to proceed.
     
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  11. catlad

    catlad

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    Sounds like they have shot themselves in the foot
    to me! But being a bit numb & dumb its taken em
    some time to realise this.
     
  12. Notch7

    Notch7

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    Why?

    Is Ian H the neighbour? :ROFLMAO:
     
  13. Ian H

    Ian H

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    I would make love to the neighbours wife, PTLB (poo through letter box) then tell him to render it himself because you paid for it once and they stopped it.
     
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  14. ^woody^

    ^woody^

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    There goes the neighbourhood. :eek:
     
  15. Footsoldier888

    Footsoldier888

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    You are probably legally within your rights not to do this work but then presumably it will just make relations worse. There is also the Party Wall issue to consider in that what if they complain in future the render has damaged the wall? It is a tricky one. The best outcome I think is if you served her a Party Wall Act notice and she agreed to the works. It would then control your future liability should there be a problem.
     
  16. pilsbury

    pilsbury

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    Told you he'd have some cracking advice. Kind of like the forum agony aunt.....
     
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  17. jonbey

    jonbey

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    things like this just make me, I dunno, despair at humanity I guess.

    So, they stopped you rendering on principle that they did not want your builder to stand on their grass for a few hours. Then 2 years later, finally got fed up with staring at concrete blocks.

    Does the render help weather proof the wall? Will it be useful to have it rendered long-term, either for maintenance, or if you sell? If yes so any of those, then say to your neighbour that you will get it done if they put in writing permission to access their land to render. If you have the spare cash now. I'd have spent it by now!
     
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