Extensions and Boundary Limits

G

Gerard Bob

Guest
Hi,

The house I own is semi-detached, with a garden fence between me and my neighbour. Recently he has started building an extension, right up against the garden fence. Technically this is his side of the boundary, but the wall he has built is over 3m high, and the entire length of my garden (circa 20m). This is blocking out all of my afternoon sunlight.

He says the extension is exempt from PP. I checked the conditions, and its confusing. Apparently building an extension 3m high and 20m long is fine as long as its single storey. But if it is only a wall you are building, it has to be 2m high max, and 2m away from the property boundary! The wall of his extension is 3m high, and about 1cm away!

Can anyone tell me if they've experienced this before, and what parts of the Planning Act should apply here?
 
Gerard Bob said:
Apparently building an extension 3m high and 20m long is fine as long as its single storey.
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Generally, you will not need planning permission for building an extension to the rear of the house which does not increase the original floor area of the house by more than 40 square metres and is not higher than the house

Gerard Bob said:
But if it is only a wall you are building, it has to be 2m high max, and 2m away from the property boundary! The wall of his extension is 3m high, and about 1cm away!
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Generally, you will not need planning permission for capped walls made of brick, stone or block, wooden fences but not security fences can be erected as long as they do not exceed 1.2 metres in height or two metres at the side or rear. Gates may be build provided they do not exceed 2 metres in height.

Where did you get the "2m away from boundary" from?

He is building at the side or at the back of his house?
 
The 2m away from the boundary only applies to extensions not at ground level. The spirit of this rule is to cover extensions built on garage rooves, but I have seen many examples where it has been ignored.

In the OP's case the neighbour's extension can be max 40 sq m, which means if it's 20 metres long, it can only be 2 metres wide? I presume you're exaggerating on the 20m.
 
No, I'm not I am afraid. It extends the entire length of the rear garden, right up to the boundary at the back. The effect is that there is no direct sunlight into my house after 1pm in the day!
 
If it's 20m long and more than 2m wide then it's more than 40sq m, which means it requires planning permission.
 
GB, if its a boundary wall hes build it cant exceed 2.0 m
if its a wall of an extension this wall cannot exceed 3.0 and as rockofages staes above the total floor area of this extension cannot exceed 40 sq m to be considered exempt.

If the wall is 1 cm away from your boundary:
1. how has he finished it?
2. how its it drained? is it a parapet wall?

if what he did complies with all requirements to be exempt theres not much you can do about it, but if it isnt thens theres loads you can do.
 




The finish at the moment is blockwork. He has said he will render it, but if I want a particular finish I will have to pay for it.

The height of the wall on my side is definitely 3m, I would say - is there a rule against this? I'm not sure what a parapet wall is - what he has built reaches up to the highest point, and I think he plans to slop the roof off it. I have no idea about its drainage
 
Thanks for that.

The way it is being built, its very hard to tell if he is over or just under. I understand that he can receive a letter of exemption for the building. Would the planners put any conditions on building, if it is only for an exempted building?
 
The area of his Rear Garden or Open Space following the construction of this extension shall not be less than 25sq.m.

Extension can be 40sq.m., but if its 20m long it should only be 2m wide which sounds like a very strange extension.

It Definitely sounds like he's trying to pull a fast one, I would definitely contact your local planning authority and ask them to inspect this development.


A parapet wall, not require a gutter to overhang your property, which would be illegal, so building a parapet wall and falling the roof down into his property is more than likely what he will do.

If this was me I would investigate the width of this extension, I bet its wider than 2m and also how much garden he has left now that he's building this extension.

Best of luck and let me know how you get on.....
 
alanpcarey said:
A parapet wall, not require a gutter to overhang your property, which would be illegal, so building a parapet wall and falling the roof down into his property is more than likely what he will do.
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Where in the law is it illegal for his gutter to overhang neighbours property ?

I can understand it's not ideal, & there should be agreement & consultation on something like this, as you would have rainwater draining onto neighbours property, but is this actually illegal ?
 

yes it is, the boundary continues above any physical wall/fence/hedge and any physical piece of construction that trespasses over this line without permission is illegal.... and the owner of such propertuy would be with their rights to remove the piece of construction and leave on adjoining land...
 

Of course it is, you are on your neighbours property without there permission, written consent should always be sought before oversailing anyones boundary.
If you where applying for planning permission you would be refused if any of your development was overhanging or encroaching on the neighbours boundary line....

Working for an Architects I have a number of disputes when it comes to land boundaries. Written consent is always a very good idea....
 
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