I have an investment property which has a single story flat roofed extension to the rear. The property immediatly behind has built on an extension and has placed windows (not on their planning permission) in their 2nd floor level. If they ever get the right to keep them then we will never be able to go up another floor. I do not want to ask them to remove the windows while they are not bothering us, but we do not want to be stiffled in the future. Can anyone tell me at what stage (if ever) they would be entitled to retain the windows. They have offered to give us a written undertaking that they will remove them if we ever need them to.
Neighbour's Illegal Windows
- Thread starter woods
- Start date
Brendan Burgess
Founder
- Messages
- 52,176
Hi woods
I think you have to nip this in the bud now. The windows have to go. That is the only way you can be sure of things for the future. If an illegal development is not removed within 5 years, it becomes legal by default.
Brendan
I think you have to nip this in the bud now. The windows have to go. That is the only way you can be sure of things for the future. If an illegal development is not removed within 5 years, it becomes legal by default.
Brendan
S
seeandjay
Guest
I would concur with Clubman. Get rid of the windows a.s.a.p. We had a similar situation (with trees causing potential damage, limitation on our property, even maybe loss of potential value) and it was messy to sort. Our 'neighbours - the 'most respectbalbe people on the road' stonewalled us as every point, and it got messy in the end. My point is that in my experience if you give someone an inch they take a mile, particularly if it is to do with their own property, they think they can do what they like. Alos, local authourity (council) enforcement is a VERY slow process, so get working on it straight away. Same neighbours tried a similar windows trick as yours as well, but we got it sorted in advance by pointing out to the planners that no property was supposed to be able to overlook the 'rear curtilage' of an adjacent property where it had not been the case prior to that. We got out town development plan from the council and referenced that, you may need to do same. Good luck, it will create a bit of bad blood whatever you decide, but they have started it by being completely inconsiderate of you and your property's value, future viability etc.
When I tried to put the reins on a neighbour who had created a new groundfloor window less than 5' from our hitherto very private back garden and threw up a dormer window in the rear attic I encountered the fact that (a) he applied for 'retention' and (b) though he had made the development without required planning permission he had friends in the local planning office who ensured he would not have to comply. The sooner you try to address it the better but it may not be straightforward.