Neighbour knocking down existing building on boundary line

[AndrewG7]

My late grandfather 50 years ago allowed his then neighbour to build on the side path directly onto our boundary with windows looking directly into our gardenThis building has now subsided and a new neighbour is renovating the property and wants to knock down this structure and rebuild build it on a floating raft style footing, The new structure will be different in design with the front entrance door being bricked up,as well has half the side wall on my boundary but still having windows that look into my garden.Would he still be allowed to rebuild with clear glazed windows.I have read that if a wall is built on the boundary and is load-bearing,by virtue of supporting a roof,it will need to have fire resistance regardless of distance boundary. Therefore would windows be classed as a fire resistant.
Are there any new building requirements that would prevent neighbour from putting windows on boundary side ,as he is not rebuilding exactly like for like.
Any help with this matter would be appreciated.

 

[Notch7]

If the building is knocked down, when the new one is replaced it will need either to be within the permitted development rules or need planning.

under PD it must be under 2.5m high (taken from highest point of ground)


in regards to building regulations:

it can be next to the boundary with no building regs up to 15sq metres (internal)

or between 15sqm - 30sqm it needs building regs including non combustable construction. Windows would need fire proof glazing.


im not sure there are any restrictions on windows facing neighbours on outbuildings. It certainly is not allowed on PD on extensions which are habitable buildings.

 

[Andy165]

First stop your local planning office for advice. Take pictures with you to help explain the situation .Have you tried talking to your neighbour about it. In a constructive polite way at first. Then if no luck, plant some leylandi on your side for privacy.

 

[freddiemercurystwin]

First stop your local planning office for advice. Take pictures with you to help explain the situation.

 

[robinbanks]

Note that Freddie isn't calling the idea laughable; it even used to be possible in prehistoric times..

..but the chances of getting an in-person audience with a planner these days? I think you'd be better off buying a lottery ticket, winning and selling up and moving to "resolve" the neighbouring problem

 

[freddiemercurystwin]

Ahh I remember the days (not that long ago actually 2000's) when hand delivering a Building Regs or Planning Application to Plymouth City Council reception and there being a manned Building Regs desk and a Planning officer sat on the Planning desk happy to dish out advice to random's about their kitchen extensions or whatever.

 

[freddiemercurystwin]

@AndrewG7 As mentioned by Notch, once something is demolished then it no longer exists in that space therefore anything built in it's place (even if it were a brick for brick copy) would be subject to meeting the criteria for permitted development or require a planning application.

Is it actually an outbuilding? What purpose does it serve?

 

[jeds]

You've got to laugh. All my local lot are still working from home (about two and a half days a week) because they've still got covid down there.

Notch pretty much answered your question. New building under PD can have a window overlooking the boundary but it must be obscure glazed and fixed unless the opening part is higher than 1.7m from floor level. If they end up needing planning, the same rule will be applied.

 

[AndrewG7]

Thanks for all your replies.
It a room attached to the side of the house used as laundry.
It will be retained as a laundry room with wall cupboards boiler etc.

 

[freddiemercurystwin]

Well as the same applies, it needs to meet the PD requirements or would need planning.

 

[motorbiking]

Nothing would appear to stop you placing a 2m fence on the boundary. With this in mind, perhaps it's time to encourage the neighbour to install smaller less intrusive windows.

 

[wessex101]

If the attached extension is demolished and rebuilt then it will probably require building regulations approval (assuming it isn't a porch or conservatory) and the wall facing the boundary will be required to meet the required fire resistance. This includes a limit on the maximum area of windows in the wall (called unprotected area) to a maximum of 1m².

I doubt planning permission would make any difference as the new extension would be replacing the existing so any "loss of privacy" would be unaffected. In fact by reducing the window area they are actually improving the situation.

 

[wessex101]

Nothing would appear to stop you placing a 2m fence on the boundary. With this in mind, perhaps it's time to encourage the neighbour to install smaller less intrusive windows.

The previous owner gave permission for the extension so the neighbour has express legal rights. Even if that permission is questionable the extension has been there for 50 years so will have acquired implied rights. You can't just go around blocking peoples windows with fences, walls or buildings.

If it did not have permission or was less than 20 years old then the fence option would be available.

You could try planting a fast growing hedge or some large shrubs to try and screen the windows but I do not know what the legal position is on plants.