Within 3 metres of neighbour's property?

About to (well..hopefully) build a single storey rear extension within allowed spec.

Now as far as I'm aware I have to give notice to neighbours if the extension is within 3 metres of their property. In my case my neighbour's property is actually offset by at least 4 metres - i.e. his house is much further forward to the street. But at the same time we do share a wall which I presume is shared along the entire length of both properties.

Is anyone aware where I stand in this case? Does the 3 metre rule apply to their main building or simply to the party wall.

Reply to
daddyfreddy
Loading thread data ...

Maybe a stupid question but : Is there any reason you can't speak to them about it anyway? Generally speaking disputes with neighbours are a bad thing to have.

Reply to
Clive George

Talk to them anyway, saves lots of potential hard feelings later regardless of the letter of the law.

Reply to
John Rumm

snipped-for-privacy@gmail.com posted

Cross-posted to uk.legal, a more likely forum

Reply to
Big Les Wade

Your first action is to talk the local building control to make sure you really are within the new permitted development rules and see if they have any concerns about the distance. Having found out what you can do go and talk to your neighbours about what your plans are.

Peter Crosland

Reply to
Peter Crosland

Thanks for your responses. I'll try building control again but I did seem to get the impression they didn't want to be concerned on anything regarding neighbours and disputes.

I have already given notice to both neighbours a month back. They were also forewarned by a surveying company who search applications and then send a load of scaremongering nonsense to them. In my notice I did ask them to contact me over any concerns. But this neighbour has instead contacted a company asking me for a proper notice saying that they need full plans of the extension and proof of planning permission. As far as I was aware you don't need to supply detailed plans or show any proof of planning. But this is more than likely surveyor speak for making as much money as they can.

My fault for not making all the history clear but after this you can see why talking to the neighbours isn't going to get very far.

Reply to
daddyfreddy

Isn't there a Party Wall Act or summit?

Reply to
The Medway Handyman

The Party Wall Act.

formatting link
They were

Ambulance chasers; usually no qualifications in surveying (or anything else), predatory pond life.

Beware of Secion 10 of the above act. If your neighbour has signed their appointment letter and you then serve the required Party Wall Notice on him (or them), he cannot then cancel their appointment. They will act as in a dispute, as defined by the act. They act for the neighbour, you have to appoint another surveyor and the 2 surveyors appoint a thrid surveyor, all paid for by you. The legislation was apparently drafted by the Marx Brothers' script writers.

They can stop work until you agree to their fees and they can get the fees summarily awarded in the county court.

A far better option is to appoint an agreed RICS qualified surveyor.

If the neighbour has inadvertently signed up to their acting as in a dispute, the dispute should be decleared on either house being sold and will affect the value of both properties.

What part of the UK is this in?

Reply to
Onetap

Thanks for the information. I'm in London and I haven't communicated anything to their surveyor as yet. But he seems a bit eager, has already sent 2 letters. The last letter assuming I no longer wish to proceed with works and advising his client accordingly. The neighbour has also asked if I received the letter. I suspect they didn't want to pay for the surveyors initial fee, hoping I would get back to him with full details. Or just rubbing their hands on all the costs I'd be lumbered with.

Reply to
daddyfreddy

I think Section 1 applies to any construction on the boundary & Section 6 to any structure within 3m. The ambulance chasers normally emphasize the fact that they will not charge the neighbour a fee, so they sign up unaware of what they're committing themselves, and you, to.

Reply to
Onetap

Say I was to go ahead anyway, without encroaching foundations into the neighbour's space, what could the neighbour do about it?

Reply to
daddyfreddy

If your new foundations don't extend below their existing foundations

- nothing.

If they do, your neighbours can go to court and get an injunction to stop your building works,

Cheers,

John

Reply to
John Anderton

Thanks.

Reply to
daddyfreddy

Sorry, on re-reading I can see that that could be mis-interpreted.

If the new foundations are entirely on your land and the only structures nearby have deeper foundations than the proposed extension then there's nothing in the Party Wall Act that means they can stop you building the extension,

Cheers,

John

Reply to
John Anderton

HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.