Boundary

[QuestionsQuestions]

Two months ago My neighbour has built a new extension too close to the boundary and her gutter overhangs my airspace. This wouldn't have been a problem except for the fact that we are now building a full height wall there too for a conservatory. My concern is that she has a gable roof and the gutter will be inaccessible and considering it is already full of leaves..when it overflows it will run down my brick wall and foundations..anybody got any ideas.
When we mentioned the gutter was in our space she was not sympathetic!

 

[motorbiking]

A photo would help.
did she serve a party wall notice on you?
Have you served one on her for your conservatory?

she may dispute the boundary location as her best option.

If she loses then she'll have to modify her roof to prevent the overhang. It will get blimin expensive if you end up in court arguing over the boundary.

You could get a solicitor to send her a letter before action. its fixable but worth trying to avoid falling out over.

 

[QuestionsQuestions]

Thanks. No she did not serve a party wall notice but neither did we. I dont want to fall out but I also do not want my wall compromised because she has not left any space to service her gutter. As it is her builder came onto our land to bend and move our existing rwp (he had pulled it out of its bracket so that he could get the gutter in..(this did annoy me!) I have already accepted her guttering is in my air space what I am concerned about is ensuring her gutter doesn't overflow onto our full height wall. Should i perhaps send her a letter mentioning the trespass of her builder and the overhang of her gutter and that i hope she has considered how she will carry out maintenance on this otherwise we would be forced to take legal action..i'm not sure but I want this thought about and acknowledged before my wall is water sodden..

 

[Doggit]

Go and have a chat with the planning department, and see if there were any infringements. The builder had no right to enter your property, nor to touch anything, and as you have a right to be concerned about potential damage to your wall, but not to be worried about what they have to do to maintain their gutters unless the maintenance were to cause damage to your conservatory.

Let us know what the planning department, and possibly building control have to say.

 

[QuestionsQuestions]

Already approached planning and because the building is built to spec they cannot do anything...even though on the plan it stated existing rwp to remain and the fact that they have bent it and repositioned it suggested to me that wasn't quite remained..the planning officer said he couldn't do anything and it would need to be a civil action. I haven't approached building control do you think they will be concerned by the overhang if it did not represent a planning infringement...??

 

[^woody^]

It's a common law trespass.

Either get her to remove or and adapt the roof, or go through the courts.

The other option of giving her notice and then removing it, won't do you any good in this case, as the water will just fly off the roof onto the wall you want to build.

But your planner's comment is wrong. It is a planning issue as it does not have planning consent to be astride the boundary. It's not a building control issue.

 

[QuestionsQuestions]

The planning person said it didn't matter that it was astride the boundary because these things are grey areas... what matters was that it followed the plan..apparently once planning permission has been granted so long as the build is to spec boundaries are not considered (unless we had lived here when planning permission was granted at which point we could have said it would be over our property (although as the plans said existing rwp to remain we would have thought it would be ok and not resulting in a bent and repositioned rwp to enable gutter to fit.) This would need to be a civil matter...do you know how these things work? is there a lot of cost? How could she get access to her gutter (other than move her wall a foot into her boundary which is unlikely as she has just had this 20m2 extension built.

 

[^woody^]

planning permission has been granted so long as the build is to spec boundaries are not considered

It can't be to spec of it crosses the boundary.

When planning permission is applied for, a notice has to be served on all land owners on which the proposed work will sit, or overhang.

The permission is only valid for the work built in accordance with the application and the approved plans. So unless the applicant served notice on you, and stated that his development will be on your land (airspace), and unless his approved plans state the same, and unless the approval approves the same, then it is by definition unauthorised development and it is a planning issue.

This is a pain for the planners, so they naturally try and duck out of their responsibilities. Ask them specifically to confirm in writing that the extension crossing boundary is in accordance with planning regulations and the necessary notices were served and the permission is for development astride the boundary on to your land.