Author Topic: New Neighbours Potential Extension  (Read 139 times)

0 Members and 1 Guest are viewing this topic.

Macca80

  • New Member
  • *
  • Posts: 3
New Neighbours Potential Extension
« on: August 05, 2019, 08:00:02 pm »
I’m looking for some advice regarding my property which I have recently purchased. It was built by Miller Homes in 2016. The house next door to me has just sold and my girlfriend overheard the new owners talking about their grand designs for it. These include:

Converting the integrated garage in to a room
Extending the front of the house to create a garage on the parking space
Building the garage to join on to my detached property
Building over a sewer pipe from my en-suite
Building on/near a strip of land that belongs to me as my meters are on that side of the house
Building a rear extension that will cast shade over my patio area

Has anyone encountered similar issues? I know there are a number of restrictive covenants on the transfer document which prohibit most of the above plans. Who enforces these though? It sounded like they’re going to get on with the work asap from what was said. I can only assume that they are counting on it being permitted development. Needless to say I’m slightly concerned but would rather have some facts to hand when hopefully they have the decency to discuss their plans with me.


Repton buyer

  • New Member
  • *
  • Posts: 17
Re: New Neighbours Potential Extension
« Reply #1 on: August 06, 2019, 07:21:40 am »
Several things to note here.

1) Permitted development does not allow for changes to the front aspect of the house (I'd bet the local council put a section 4 amendment on the development) so building the garage would come under planning permission.

2) You have no right to light regarding the rear extension.

3) Even if they build over the pipe, they would still need to provide access if the pipe bursts / becomes damaged and in all likelihood they are responsible for any pipework under their property whether it serves their property or not.

4) Any build on your land without permission they can't do... near they can (even right up to).

I would:

Firstly approach your neighbours and mention that someone told you they were looking at extending and (being friendly) ask what they are thinking of doing. Going all guns blazing will just sour relationships with people you share a fence with so be nice.

Have your title deeds to hand so that if the conversation mentions they are going to build on your land, you can show them (and later the council) it does belong to you.

Check if your local council has an email subscription service for planning permissions near you. When a planning permission is logged with them within a certain radius of your home, it will send you an email meaning you can object immediately. They also usually provide free advice if you contact them to ask if you have questions (such as is building a garage over your driveway in your road permitted development or need planning permission).

You need to object on the grounds that these proposed works breach covenants on the property, that they affect the visual amenity of your home and the street in general (residential amenity), they encroach upon land that is yours, and the proposed development is over-bearing, out-of-scale or out of character in terms of its appearance compared with existing development in the vicinity (as it applies).

Note they throw out objections that mention loss of value to the home.

The key is to ask questions and get everything in writing from the council in case they do it anyway.


Macca80

  • New Member
  • *
  • Posts: 3
Re: New Neighbours Potential Extension
« Reply #2 on: August 06, 2019, 12:07:02 pm »
Thanks for the reply.

2) If not right to light does the 45 rule still limit the size of the extension from the nearest window in a habitable room?
3) The build may also cover the electric/gas supply cable/pipe. I’m assuming the utility providers wouldn't be happy about this

I’m not planning on going in all guns blazing but just want to be fully aware of what is permitted. If I was going to extend I would personally speak to the neighbours first rather than having builders in measuring up…


New Home Expert

  • Global Moderator
  • Guru member
  • *****
  • Posts: 1142
  • Country: england
  • Expert advice for new home buyers
    • New Home Blog
Re: New Neighbours Potential Extension
« Reply #3 on: August 07, 2019, 06:21:25 am »
I was writing this as 'Repton Buyer' posted so I will not repeat his very good advice.

First of all there is no way that they can build anything that joins to your property. This would require a legal party wall agreement which you can and should refuse.

Your neighbours cannot build on land that belongs to you. Any foundation projection must be on their land.  Furthermore it sounds like they will require access to your property to build this scaffolding etc which you can legally refuse to grant. (injunction etc)

Most of this work will require planning permission which you can and should object to.

I would wonder why so much work is required, why didn't they just buy a house that better met their requirements?

OR they could just be winding you up!
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.

Matron

  • Junior Member
  • **
  • Posts: 40
  • Country: gb
Re: New Neighbours Potential Extension
« Reply #4 on: August 07, 2019, 10:35:39 am »
When I read this yesterday I thought that was such a huge extension they should be buying a larger house because this amount of work will be costly. However I’m inclined to agree with New Homes Expert and I think they knew you could hear them and they are winding you up. Please keep us updated.

Macca80

  • New Member
  • *
  • Posts: 3
Re: New Neighbours Potential Extension
« Reply #5 on: August 07, 2019, 05:28:51 pm »
I don't think it was a wind up as they had builder in measuring up the day after. I made an informal enquiry to the local planning department asking about permitted development. Turns out when planning was granted for the estate a condition was applied that the garages cannot be converted in the lifetime of the estate. Thankfully that puts pay to any development at the front that was my main concern. Hopefully a monster rear extension won't be the alternative now... Thanks for the advice I'll update the thread with any developments.