Neighbours garage overhang in the way of my garage plans

[hvendlor]

I am wanting to build a garage in the back garden and there only one place it can go. The problem is the neighbours garage which butts up to the boundary has an *huge* roof structure which overhangs my garden by at least a foot.

If we were to build a garage we would have to considerably cut into this overhang. Questions are:

1. Are we allowed to alter the part of his building without his permission even though it's on my land? Can he object? (seems ridiculous if he can)

2. As the overhang is quite considerable I imagine it adds a fair bit of ££ onto the cost of building our garage, is it all down to me to pay?

I knew about the overhanging issue when I bought my house, the neighbour built the garage ten years ago without planning permission but got it in retrospect. The previous owner of my house was so laid back that he allowed the garage to be built.

 

[jeds]

Your are entitled to alter the overhang but you must serve notice under the party wall act. My advice is approach the neighbour with a fairly clear plan of what you want to do and how and ask for agreement. If he refuses then you will have to serve notice. Ultimately there's nothing he can do to stop you but the party wall procedure can be a nuisance if he knows how to play it. Costs are down to you.

 

[^woody^]

I don't think it will be as simple as that

The neighbour may have got express permission from the previous owner to overhang the boundary. Or the boundary may now go around the over hanging eaves (flying freehold). And as planning permission has be obtained, this may reinforce the right for the eaves to overhang.

The OP can't just cut the eaves off.

If the PWA is to be used then he may obtain rights to alter the eaves, but in turn he will be expected to pay compensation to the neighbour. In addition, presumably there will be PW surveyors involved and as part of any Award the OP will have to make good or adapt the neighbours roof

But if this adaptation of one side of the eaves makes the roof look odd, then it could be argued that this has a detrimental effect, and so an Award could require the whole roof to be adapted to make it look more natural.

So there could be major cost implications involved, and this needs to be considered .. as the OP will be paying for everything

 

[jeds]

Might be an idea to download a copy of the party wall act - section 2(h) is the relevant clause. If your neighbour has any doubts that you are entilted to cut off the overhang you can show it to him.

 

[^woody^]

Yes, but he can't just cut the eaves off.

Only by following the PWA does the potential right to alter the eaves become lawful. By following the Act, that will bring in the question of compensation, detriment and how best to deal with the eaves .... and surveyors fees

And will the PWA even apply? Is the OP intending to build right on or astride the boundary? Is the design of his new roof going to be such that he will be prevented from crossing the boundary at his eaves - and so needs to set the building back ... thus preventing the PWA being used?

This is not as straight forward as waving a copy of the PWA at the neighbour

 

[SimonH2]

The neighbour may have got express permission from the previous owner to overhang the boundary. Or the boundary may now go around the over hanging eaves (flying freehold). And as planning permission has be obtained, this may reinforce the right for the eaves to overhang.

Wouldn't the answer be to approach the neighbour and express the opinion that's overhanging the OP's property, and would he kindly remove it back to the boundary line ? The neighbour then has two options - either move it back, or justify why he's entitled to have the overhang.

If the neighbour doesn't do either, isn't there some procedure for dealing with this sort of thing ? Ie if a neighbour's <something> overhangs your property and he won't remove it, then do you have to get a court order or something to allow you to legally remove it ?

Based with having the end of his roof chopped off, then I'd imagine most people would be amenable to some negotiation as to how the shortened roof can be made to fit in neatly with the new development.

All assuming of course, that an initial low-key approach to the neighbour doesn't come up with an amicable solution.

Which way does the run run, what type of roof is it ? Does the current design lend itself to being extended across the OP's new garage in matching style/matierials etc ?

 

[hvendlor]

it's a pitched roof, if you look at this pic(this isn't actually it but it representative)

http://www.k-roofing.co.uk/images/barge_board_eves_gutter_01.jpg

the brick wall is the boundary wall and the overhang you see there is the overhang on my land.

 

[SimonH2]

I assume the gable end with the untidy cables and TV aerials is the wall that is on your boundary ?

If it suits your requirements, I'd suggest approaching the neighbour to see if you can come to an arrangement where you build your garage to match and just extend the roof across.

 

[weekenddiyer]

Hi
What was the outcome?