Shed next to boundary

Shed next to boundary

Postby telferscot » Fri Apr 01, 2016 2:39 pm

Hi all,

I live in a lower ground floor flat that backs onto a small patio which is owned by me, with shared steps leading up into a garden which is owned by the flat above. The owner of that flat has had some work done on the garden, including replacing their old shed. The new shed has been built right next to the boundary wall separating our sections of the garden. Because of the level difference between our patio and the garden above, and the height and width of the shed, it feels as if an extra section of wall has been built next to our patio – the effect of this is a reduction of light to our patio and the room beyond it as well as blocking our view.

Does anyone have any legal advice about our rights in this situation?

Thanks
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Re: Shed next to boundary

Postby Collaborate » Fri Apr 01, 2016 2:59 pm

Unless your lease prohibits it, I suspect there is little you can do. You won't have a right to light, as that applies to buildings and windows.

Your lease may require the freeholder's permission. Worth a read.
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Re: Shed next to boundary

Postby Collaborate » Fri Apr 01, 2016 3:01 pm

Maximum height is 2.5 metres too. Have a look at this:
https://www.planningportal.co.uk/info/2 ... tbuildings
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Re: Shed next to boundary

Postby telferscot » Fri Apr 01, 2016 3:49 pm

Thanks Collaborate for the helpful link.

The shed is definitely above the 2.5m limit if it takes into consideration the fact that our garden is 1m below the floor level on which it has been constructed, but will be under the limit if measured from the ground on which it stands. I'm not sure exactly what is meant here in the guidelines.

The shed impacts on light entering our flat through our bedroom windows because of its position so I think we may have a case in terms of right to light but am not sure about how big an impact this needs to be for action to need to be taken...I'd been hoping not to have to get in a surveyor, but may need to do so.
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Re: Shed next to boundary

Postby Collaborate » Fri Apr 01, 2016 4:26 pm

Any court action for right to light is very expensive and prospects of success uncertain. If there is your garden between the shed and the window I'd say forget it.

Far better to speak to your neighbour and offer to pay the cost of relocating it to the far end of their garden.

What does your lease say?
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Re: Shed next to boundary

Postby pilman » Sat Apr 02, 2016 6:25 pm

For the benefit of all the people looking at this thread, especially Collaborate, who I think is a solicitor, there is no such thing as permitted development rights for flats, so anything built in the flat-owner's garden needs planning permission granted by the Local Planning Authority.

It needs to be verified that this shed was granted planning permission, although if no notice was served by the LPA to the OP when the LPA received an application, I would guess that this development in the garden has just been done unlawfully as far as planning law is concerned.

Check the LPA's web-site and then contact an enforcement officer of the council to register a formal complaint if no planning permission was ever granted.
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