this is not strictly a diy question but il go on anyway somebody might
know,i have noticed around my area people have constructed garden
sheds with one side using the dividing wall (removed of course)
between gardens as footings .This i thought was a bit of a land grab
as the sheds obscure the light and the eaves project over the garden.
however this has not personally bothered me until now but my mothers
neighbour is planning the construction of a large shed
using the dividing wall (which hes just knocked down) as footings.when
i tackled him about it he said the wall is his responcibility and can
do whatever he likes on it.is he within his rights to use this wall
and isnt planning permission required for the construction of a large
brick outbuilding ?
That can be avoided by either sloping the roof away from the boundary or by
using a parapet with a trough gutter behind it. Either way is, however,
likely to take the boundary wall above the permitted 2 metres.
Permitted development says you can't build more than I think 3.5-4 meters to
the apex. So if the boundary wall is the wall of the permitted development
building, then not a boundary wall, then you can go higher than 2 metres.
Or is that the case.
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It is still a boundary wall and cannot exceed 2 metres without planning
permission. The fact that another regulation would allow it to be higher if
it were not on the boundary is not relevant.
As I remember, this is not strictly so, as not all garden boundary walls are
If the wall is in sole ownership then no permission or notice is required to
demolish it or even rebuild or maintain it.
If the wall is to be rebuilt or a building is to be constructed instead,
then there are certain regulations under building control that will apply
unless "Deemed to Satisfy" and a quick 'phone call to the building control
department of the local authority will give an answer.
FWIW I have four boundary fences surrounding my property and according to my
deeds three of them are solely mine.
Reminds of a case (probably USA) where a large building was
built/extended adjacent to the building of a neighbour.
As construction proceeded the neighbour found that it was
intruding onto his property by a few inches. So he sued and won a
ruling that the new construction had to be cut back by a few
inches to avoid crossing his property line.
The ruling was obeyed and the construction was cut back by about
a foot. Some years later the neighbour also extended his building
and built right up to the previuosly extended one that had caused
The first party waited until that construction had completed and
then counter sued for the balance of the few inches of the foot
previously cut back, that was on his property; and won!
BTW I have a neighbour on one side who clips any branches of 'my'
trees that project over the fence, which he owns incidentally, to
a height of about six feet! AFIK in this jurisdiction he is
completely within his rights.
And maybe he doesn't want to shield his grass and a small
vegetable garden any more than necessary; but he seems to be a
bit rear exit orifice about it. Nothing to fight about anyway!
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