New build- blocking neighbours windows & boundary query

[noseall]

They could have at least given you some decent pointing to look at, its horrific for face brickwork but I guess they thought no-one would see it.

And yes the brickwork/pointing is shocking ! I think the bricklayer was changed halfway through the job? the bottom half is fairly good and pointed in neatly. then as it reaches my window it changes and the pointing hasn't been finished at all.

I guess that's what happens when you build overhand brick-work.

 

[rjm2k]

I'm not certain they would have anything to say because alas that window is not serving a habitable room. Separation distances of 13m to the side and 22m to the back only apply to habitable rooms..

I would expect it to say something along the lines of "the neighbouring window is not in a habitable room" but also some acknowledgement/dismissal of the difficulties being created maintanence wise by building so close. I remember a property near me where they didn't build anywhere near as close as that but had to get a letter of support from the affected property to allow it, not sure if that was down to BR or PP.

 

[kitcarson]

Scooterb

Totally sympathise with you. Common sense has gone right out of the window.

Check out the Building Regulations 2010 - Part B - Fire Risk and unprotected areas. With the building coming less than 1 metre to the boundary, the unprotected areas should total less than 1 metre square i.e. windows on your neighbours property. B4 section refers.

Planning and Building Control will not look at your windows, only those of the new build. The building regulations are law, so your new neighbour may have to reduce the size or even take them out.

 

[MissTinyMuscles]

Hi scooterb


The daylight / sunlight tests that the Planning Authority would examine is a completely different matter to the "Rights of Light" that your window would have acquired if it's more than 20 years old. Rights of Light are not a planning issue but a legal issue, where even windows to non-habitable rooms (as your stairwell is) still have a legal right of light. If you can prove infringement of this legal right you might be entitled to damages.

I'm far from an expert on this but I do liaise with "Rights of Light" consultants in my job.

 

[captainpp]

More on right to light here:

http://www.planning-applications.co.uk/righttolight.htm

To quote "The most common problem is where the neighbour has a window to the side of their house to which the light is blocked by a high wall".

 

[scooterb]

Ok,
Only thing is my window is less than 20yrs old so would that not be entitled to the "right to light"?.
Infact I put it in when I got whiff of the accepted plans for the build, hoping it may change something.
So , how do you prove how long a window has been there ?
I have a picture of it before the new build here-
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The brickwork is a mess from halfway down because there used to be a wall running along it very close which was the back wall of sheds.
When they pulled it down it exposed my brickwork which had crumbling pointing and what must of been wet cement from buckets thrown down behind onto my wall and dried hard.
I had to get it re-pointed and cleaned up before the building started incase i couldn't get to it.

 

[scooterb]

So lets say that if there is a case with it being to close or the loss of light, who would I go to about this?
Would I have pay for a solicitor or something ? I don't think I would do it if so, just incase there was no outcome.
I was thinking I could take these pictures to the my local council (who accepted the plans in the first place) and see what they say? or is that not the right thing to do?

 

[noseall]

Ahh, things are a bit clearer now.

So you hurriedly added the window once you new they were going to build next door and that your own wall was a right load of old shoite owing to the fact a structure existed right close up to yours, beforehand.

Theres nowt like having the whole story from the beginning is there.

 

[tony1851]

+1

 

[cjard]

Shoulda gone the whole hog and put a big window in to a bedroom on your gable, then you'd have had a habitable room lit by it..

 

[scooterb]

Ahh, things are a bit clearer now.

So you hurriedly added the window once you new they were going to build next door and that your own wall was a right load of old shoite owing to the fact a structure existed right close up to yours, beforehand.

Theres nowt like having the whole story from the beginning is there.

Yes I do agree,
I just thought id explain this way as too cover all angles with more of an understanding of the rules and regs.

So now I know that-
No one is entitled the right to have a view
In certain cases there is a right to light issue (for an existing window of minimum 20yrs)
Most cases are related to habitable rooms only.
Im still not quite sure on closeness to boundary regs?

So now im armed with this info im residing to fact that im not going be able to do shoite about it !

Heres the full ins and outs for your info which isn't a mile from how I explained at the start with warts and all-
So I lived in this property (my first house and house proud too) for around 8 yrs before deciding to rent it out.
After a few years and a couple of different tenants, I was contacted by the developer who wanted build a house and tie into my roof, thus mine no longer being an end of terrace.
The developer offered me a small sweetener amount to persuade me.
The figure was by no means sufficient for his plans and my tenants who worked nights would of been extremely disrupted.
When I turned down this offer and explained I would rather stay an end of terrace, his answer was - its up to you as I will just build there anyway!
I left it at that, and a year or so later I was informed by a friend who lives nearby that he had received a letter for the proposal of this new build double garage to be built next to mine, and the consultation period had already ended (hence my tenents failing to forward the letter on to me).
So I decided to place a window at the top of my stairway and hope for the best?
I frequently checked online for the outcome of the planning to which it was eventually accepted- A double garage with huge pitched roof.
The planning documents were drawn up by the father of the developer who works for the local planning department & the developer, well hes doing really well with a lot of properties and this project was just small change for him.
The work started and my wall was exposed which gave me the opportunity to get the pointing and messy bricks sorted out. I paid a local builder to do this.
During and after the build I had many people commenting to me about how close it is and how my window could be blocked out like that, and many were quite shocked.
A year or 2 passed and then the work started to alter the existing garages into a two bedroom dwelling property .
And this is basically where i am now. i still have many people commenting about the proximity and the window situation.
And this week i was working on a job (for a friends mother) and she brought it up again, saying that i should look into it.
So i thought, right i need to find out once and for all and so decided to come onto this forum and ask you guys for opinions.
I really appreciate your replies and thought if i start by keeping it and short with pictures added to help explain then this would be a better way to go.
Im not that good at wording things so did not not want to bore you with my waffling on, (if i already haven't done so ?)

Thanks guys, & more comments are still much appreciated.

 

[geraldthehamster]

Hmm

 

[rjm2k]

lol, don't think you can complain about the loss of your lovely view, if that view was only recently created merely to prevent the new build!

does seem very close though, from a maintenance point of view.

 

[gregers]

shouldve left the other wall there,that way they wouldnt of built the house so close to yours?

 

[scooterb]

shouldve left the other wall there,that way they wouldnt of built the house so close to yours?

The wall was his though..