New house build neighbours extention

New house build neighbours extention

Postby levtweeney » Mon Apr 11, 2016 10:28 pm

Hi All

Looking for advice please....

Neighbour wants to build smallish extension/conservatory (no planning permission needed, well not that i know of) right up to the boundary, his plans actually show overhanging gutters in to our property. Not much mind but enough to be a concern to us.

The boundary between us is very accurate as far as i can tell as his house was built 6 months before ours and his fence and side wall of house defined the boundary, I have pictures showing this as we were taking pictures of our house getting built (very excited wife)

There has been no work done as of yet but it starts soon. We have discussed our concerns with the neighbours and will be seeing our neighbours surveyor tomorrow and telling them in no uncertain terms we do not want any part of this extension in our property/land. Are we entitled to say this?

As an aside why do people insist on pushing the limits with intruding in to others property? Just make it slightly smaller and Bobs your uncle, no issue
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Re: New house build neighbours extention

Postby ukmicky » Mon Apr 11, 2016 11:45 pm

Its a new house and no planning permission required for a new extension, are sure.
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Re: New house build neighbours extention

Postby despair » Tue Apr 12, 2016 5:49 am

They may also want scaffolding on your land too......refuse or charge for inconvenience

insist on Party Wall Act being obeyd and having your own PWA surveyor which they have to pay for

on no account accept verbal promises get everything in writing and witnessed
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Re: New house build neighbours extention

Postby levtweeney » Tue Apr 12, 2016 6:34 am

Thanks for the replies all

I understand to get everything in writing :) I really need to know what to do if they decide to build the extension/conservatory even though we have already said not too in to our property.

Is there steps I have to go through such as...

1, contacting a solicitor? Is there specialist Solicitors for this?
2, If they start the build even though we have said not to put it on our property can we get it stopped?
3, If they say they will not put any of the building in our property should they get their plans changed then show us?
4, does the party wall act still effect detached properties?


So upset that our friendly neighbours would expect that we would be fine about their conservatory coming over our property. Are people honestly so rude, i would not dream of such a thing Arrggghhhh :evil:
levtweeney
 
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Re: New house build neighbours extention

Postby Collaborate » Tue Apr 12, 2016 8:09 am

You can stop them building beyond the boundary. With reasonable force if necessary, but hopefully it won't come to that.

They also cannot allow their roof to drain on to your side of the boundary.

There's nothing unreasonable about your stance.

Have a look at the guidance here and work out whether the PWA applies. If it does, and they serve you with no notice, you can get a court order to stop the work.

You can't force them to show you their plans, but if you come home one evening and there is overhanging guttering you can physically remove it yourself.

The PWA applies to work at or near the boundary. It matters not that the property is detached.
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Re: New house build neighbours extention

Postby despair » Tue Apr 12, 2016 2:43 pm

Sadly today courtesy and consideration for others has gone out the window

Its all ME ME ME and anything left over ME again
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Re: New house build neighbours extention

Postby Conveyancer » Tue Apr 12, 2016 4:09 pm

Have you seen the surveyor? What did he say?
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Re: New house build neighbours extention

Postby levtweeney » Tue Apr 12, 2016 6:47 pm

Hi all thanks again for the help/advice

Spoke to Neighbours Surveyor today and he told my neighbour himself that there would be no overhanging gutters on my property and that They are moving the conservatory/extension 10 cm on to their property to avoid this occurring, so a big fat result :D

Neighbour also popped around tonight saying he had spoken to this person and that person and he has found out he has rights to access his extension from my property to make reasonable repairs, obviously with permission from ourselves, which we are pretty fine about. He also asked if the builder could come in to our property but we said no to this as we thought there may be some damage and we wanted to avoid anymore hassle.

Also we spoke to our house insurance legal team and they advised us to put all of these conversations down in a letter (which i have told my neighbour I will do) to make sure everything is clear and open.

So i have to say a pretty good result as of this moment, we all seem to be talking so, so far so good :lol:
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Re: New house build neighbours extention

Postby despair » Tue Apr 12, 2016 8:27 pm

Dont believe him saying "neighbour can come round and do repairs "

Unless its clearly in your deeds he must get your express permission and you could force him to get "access to neighbouring lands act " permision only via the court

Watch out that he thinks he can come and clean the conservatory windows too

10cms is i doubt enough of a set back either
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Re: New house build neighbours extention

Postby snyggapa » Wed Apr 13, 2016 9:47 pm

Is there any prospect of you wanting an extension that borders the same place - if so make sure that their building does not prevent you from doing so. If it is entirely, including guttering, on their property then fine, If it overhangs then it may disadvantage you or future owners in future.

If there is a possibility you could build a mirror extension, you could even find that it's a benefit for them to build the party wall in a certain way (straddle the boundary, so you share it - but if course you have to sort out drainage)

also, if you get on with your neighbours, and the extension is either

a) not going to upset you or
b) you can't do anything about it

then make the best out of it, be neighbourly, get on with both of your lives and still talk to each other, maybe even let the builder round as long as they seem to be sensible (some are, some aren't)

-Steve
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Re: New house build neighbours extention

Postby levtweeney » Thu Apr 14, 2016 7:19 pm

--- UPDATE ---

Hi all

Well Neighbours have recieved our letter stating what we had discussed with them verbally, which was suggested by others on here and our house insurer. We stated we wanted No part of extension on our land (guttering, foundation etc...) no builders to come on to our property (want no damage)

Now it looks like they are not speaking ro us, hey ho :roll: but what do people really think is going to happen when they plan to have WHATEVER built and it goes in to others property? Are there really people out there who actually think this is OK. And what about telling people? If they had of even had the courtesy of telling us but no we had to discover this ourselves argghhhh so angry :evil: that people can be like this. Makes us feel bad when there doing it all.

If anyone who reads this and is planning on doing the same as our neighbours well bloomin well don't. Think about your neighbours and what is right... Rant over hahaha
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Re: New house build neighbours extention

Postby despair » Thu Apr 14, 2016 8:13 pm

Sadly I am not surprised

The neighbours are clearly peeved they cannot have it all their own way

Is there a fence along the boundary ?

If not I would want some10ft long posts inserted PDQ every 2 metres along the boundary so that 8 ft is above ground all ready to install 2 metre (6ft6) high fencing panels

posts 8 ft above ground will stop any shenagins with guttering on a conservatory plus block light and view inside
add post caps and fancy acorns on top of the posts ................... posts much higher than the panels looks much nicer too
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