Outbuilding advice - neighbour's complained

[CariS]

Hi, just looking for a little advice as we recently altered the roof to a small outbuilding we have at the side of the house. I'm not sure what type of building it's classed as but is similar to a shed. It's just a wooden structure that was built at the side of the house but before it was flat and now we have changed it to a pitched roof. The outbuilding had been there a long time and was starting to rot so needed replacing anyway. We researched before and we're sure we didn't need planning permission. We also discussed with the neighbour and everyday we asked her round to show her what we were doing. however now the she is threatening to report it to the council, despite not saying anything until it was finished. She has a building the same that is adjacent to ours and her roof is higher. Where do I stand with this? Is it likely we are going to be forced to take it down even though we just replaced an existing structure. I've tried to add some pictures before and after but not sure if I'll be successful.
Thanks in advance,
Cari

 

[bernardgreen]

It does appear from the photos that it is the neighbour's wall that is supporting the roof of your outbuilding. She may have realised this and be concerned about the extra weight of yout pitched roof being supported by her wall.

 

[chappers]

does look like you have crossed the boundary, but that being said it looks like it was like that before and abutting directly to her roof is the best way of weathering the gap for both of you.
I would ask her exactly what her objection is

 

[John D v2.0]

I don't think that looks like permitted development, it needs to be under 2.5m high to qualify. However all the council will do is invite you to apply for planning permission, I'm not sure how interested they'd be in it though.
As above though try to find out your neighbour's real objection, I'm sure it's something else.

 

[nickjb]

Its not an outbuilding as it's attached to the house. Not sure what it would be classed as porch, side extension, car port??? I doubt it would be a planning issue and even if it was the council would be unlikely to enforce. Does look like a party wall matter though. Did you get a party wall agreement before starting?

 

[angelboy]

Party wall agreements 'should' be discussed and agreed prior to work commencing so that all parties are in agreement to what the proposed plans are and what the resolve would be should there be any issues created. As the work is finished then it doesn't matter. If the neighbour now has an issue then it's a civil matter to which she would have to make a claim in court - but as there appears to be no damage then I doubt a judge would entertain it anyway. especially as you'd argue that the flat roof was already in-situ.

I think that's the norm but maybe someone with more experience could correct me.

 

[CariS]

We just rebuilt what was already there as it was damp and rotten. There was never any gap between the two buildings and she agreed with what we were doing, however that was only verbally so I'm not sure where we stand with that. The roof isn't being supported by her building and is not attached to it in any way. Her problem is that she states the roof is too high but as far as I was aware the limit was 2.5m at the apex. Thanks for your replies!

 

[Doggit]

Post a picture of what's on her side. If you're not touching her building, how have you sealed the gap. But why does she now state that the roofs too high when her garage is higher, and did you ask her why she's waited so long to complain, and why didn't she say anything earlier. Just what is her real motivation behind all this.

If she's going to complain to the council, then I'd let her (or go to them yourselves), and deal with any problems afterwards. If you've broken any rules, then you'll need to correct it at some stage, so just go with the process, and hopefully, the council will say they're not interested.

So I take it you've resigned yourself to the breakdown of any neighbourly relationship.

 

[^woody^]

That work has nothing to do with "the council".

But you have probably created a civil trespass by joining to, and using the neighbours wall for support. That would need to be pursued through the civil court as a private matter.

 

[napoleondynamite]

For planning permission purposes if it adjoins the house it would be considered as an extension.

If the structure in part goes over the side boundary then it will need planning permission, as permitted development works have to be entirely contained within the curtilage of a single dwellinghouse.

 

[^woody^]

For planning permission purposes if it adjoins the house it would be considered as an extension.

It's a replacement roof to a covered way. Not an extension.

 

[Bosswhite]

Not quite sure what the neighbours complaint is about, its a covered way, which encroached on her property originally, ( they did not complain then)

The answer IMO would be to cut back the roof to your side of the boundary, run gutter down the side of the roof making sure it does not go over their side of the boundary, this would stop any complaint of rainwater running onto their property causing damage
There could be some issue regarding the door on the front, if there is no door then its classed as a covered way, ( i.e like a car port) by having a door this may put it into the category of a building

 

[motorbiking]

She was waiting for you to remove your adverse possession and is now objecting to the fresh trespass. or possibly sees it like this. She may also feel it has made the properties less detached.