MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
Hopefully there are some planners / architects out there who may be able to answer this one?
My neighbour has built an extension to the side of his house, this was done before we moved in, so its at least 10 YO.
However the extnesion itself is no more than 6" from the boundary wall. In addition the guttering actualy overhangs the boundary wall, such that when we open the front door of our porch, the door hits the guttering [u]before[/u] it hits the boundary wall.
My questions are:-
1) Is it legal to build an extension in this way?
2) Is there a time limit before extensions will be accepted in situ from a planning perspective?
3) How can i find out if plans were ever actuall submitted to the planning dept in the first place?
Also the boundary wall is brick built to a height of 4' approx 1 brick wide (3") and will actually wobble if you put moderate pressure on it. Im concerned that it is unstable and a potential hazard. I dont really fancy digging my 3YO son out from underneath it when it collapses.
phone your local planning department, they have good records and will be able to advise.
I would have thought at (at least) 10YO you will be well past any planning consents law. It will be deemed to be existing.
Speak to the neighbour (nicely) about the wobbly wall though - they may not even be aware of the dangerous state it is in.
Talking to neighbour is a no go. We dont get on AT ALL.
He knows its wobbly as he's moaned at me in the past about leeaning on it (its his wall BTW).
talk to your planning dept. i think you are stuffed. you might be able to get someone from planning/building control to lean on him for his 'dangerous structure' though
Maybe 'lean' on the wall until it falls over into his garden?
He knows its wobbly as he's moaned at me in the past about leeaning on it (its his wall BTW).
😯 "don't lean on the wall" FFS
Sounds like they built the extension to the dimensions they wanted then built the wall afterwards. Personally I think I'd check that it's absolutely his responsibility and then go and talk to the planning department about it/bump into it with a wheelbarrow.
Doubt there's anything you can do about the extension though - he sounds like a w%%%er.
BUT you did buy the house with the extension there already so you can't really complain about it now 😐
Where are you? The laws vary depending on where you are.
Are you saying the gutter is actually within your boundary?
As for the wall, wait until a windy winters night and give it a helping hand...
There are other ways to get this sorted apart from planning. Look on Gardenlaw, this sort of thing comes up alot.
You might be able to find out if there was planning permission online, if the extension was built 1974, look on your local council website. Depending on where you live and the size it could have been built under permitted development rights so no planning permission needed. It's too old to be enforced against even if it required permission though
At a guess the boundary wall is he same age as the house i.e. mid 1940's?
Im a tenant, we don't own the property. And yes he is a "stroker", we've had numerous run ins with him over the years and he's just a selfish bully who takes a strop when he doesn't get his own way. Because I've stood up to him he just goes out of his way to be difficult.
Yes his gutter is in our boundary. By approx 2". The door opens towards the boundary wall and hits the gutter first, not the wall.
Oh and I can't deliberatly push the wall over as he has a webcam on the front of his house (told you he was a "stroker"). I could lose my balance whilst carrying something heavy with both hands........
I think the only thing you could do anything about is the gutter overhanging, causing your door not to open fully. Perhaps you keep 'accidentally' opening the door until the gutter actually falls off. If it falls on to your side, take it back round and give it back to him - after all, it is his property 😉
But as said above, it was there when you moved in...
I do keep hitting the gutter, but its firmly attached currently 🙄
not trying to be funny but if you're renting and the nighbours are a pain why not just move?
I do keep hitting the gutter, but its firmly attached currently
I am sure a door is stronger than a gutter...
8)
The extension may have required Planning Permission or may have been Permitted Development; you will need to check with your local Planning Authority as said above.
Building Regulations would have been required for the extension but as it's been built for more than 4 years there is little you could do unless it is unsafe.
The gutter would appear to be on your side of the boundary; you may want to consult a solicitor if this needs resolving.
The boundary wall would not be subject to Planning (unless there were conditions on the original Planning Consent for the houses) or Building Regulations. This would be a civil matter between you and neighbour too.
1. Its illegal for the gutter to be there as it on your property
2. It doesnt matter how long the gutter has been there. His extension may have been built without planning permission, which if old enough (which it sounds like it is) then it will now be lgally there. But not the gutter.
3. It is irrelevant if they were or not as the extension has now been there long enough. But the council has records online, and if not you can just go to the council and get the plans.
Subjectively- You only rent, he owns. It was there when you moved in. Its only a gutter. The wobbly wall would be an issue for me though, phone Building Control to get them to look at it.
TBH the gutter and extension cause me no problems, but as a point of principle it just sums him up. He just does what he wants and gets away with it.
The wall is more of a concern tho., so I will prob report it to building control at some point.
With a toddler about I'd be wanting that wall sorted asap.
You might be able to get building control to slap a dangerous structure notice on the wall which would force him to sort it out. Garden walls are tricky areas legally though
Well if all you want to do is pss him off a bit then report him to building control for the wobbly wall. He can always just take the gutter off and all it will do is just pour water all over your side.
As you rent can't you ask your landlord to speak to him - surely it is in his best interest not to have a potential legal case brought to him if something was to happen and there was a legal wrangle over ownership and/or responsibility for the party wall.
If you put this in writing and lodge it with a solicitor then you may be safe from any prosecution.
as you are not the home owner you have no rights to complain about anything. you moved there.
get on with life.
for any problems with the property your first point of call should be your landlord.
if your landlord agrees then you can start ringing relevant parties.
Van Halen, really, thanks for nothing. Im sure you'll be just as condescending when the wall falls on my son. FFS.
The landlord is aware of the situation.
Aaah well, im away from him now, moved over the weekend. I shall have my revenge..... 😈