Extension Build is this right?

[darkart]

I have a friend who lives in a row of detached houses that are separated by a drive way to each property.

Next door to my friend’s house the neighbour built a garage to the bottom of the drive and runs parallel to the side of the bottom of my garden.

My friend’s suffix and guttering hangs over the neighbour driveway along with a rain water pipe that runs into concrete on the neighbour’s drive into a communal drain at the bottom of the neighbour’s drive.

The problem is the neighbour has announced they intend to build and extend the house on the driver way and run a flat roof under my friend’s suffix and guttering and build on top of the garage in the back garden which will take away views from my friend’s rear bedroom and reduce the value of the property.

If my friend requires access to repair guttering or brickwork to the gable end wall to the side of the driveway access will be blocked due to the new build which will be under my friend’s suffix and guttering by building a flat roof.

The neighbour says they can always climb onto the flat roof to carry out repairs to guttering if needed. Also, the water drain would need to be dug up and replaced as well as my friends water drain pipe.

My friend objects to this new build but was informed they can do nothing to prevent it?

Surely the neighbours cannot simply build what they want and reduce the value of my friend’s house, spoil views to the rear, force them to re-route Sky Tv cables, alter drainage and re-route a water drain pipe from their property without permission?

I think I have read someplace that if an extension is to be built they need to leave at leave half a meter between properties to enable the neighbour complete repairs to guttering and brickwork etc?

Advice would really be appreciated to resolve a stressful situation, many thanks in advance.

What can my friend do to prevent this build?

 

[^woody^]

Surely the neighbours cannot simply build what they want and reduce the value of my friend’s house, spoil views to the rear, force them to re-route Sky Tv cables, alter drainage and re-route a water drain pipe from their property without permission?

Yes they probably can.

Drainage can be re-routed by the neighbour and so your friend still benefits from it. They can get access as needed as per what the neighbour has already said.

 

[darkart]

Well that's so disruptive and unfair that a neighbour can build passed a rear window and take away country views and take away value from a house. In doing so, enhancing value to there house and de-valuing my mates house, but thanks for your input

 

[Notch7]

Well that's so disruptive and unfair that a neighbour can build passed a rear window and take away country views and take away value from a house. In doing so, enhancing value to there house and de-valuing my mates house, but thanks for your input

They can only build within permitted development restrictions, or if not apply for planning permission.

 

[^woody^]

Well that's so disruptive and unfair that a neighbour can build passed a rear window and take away country views and take away value from a house. In doing so, enhancing value to there house and de-valuing my mates house, but thanks for your input

Your mate has the rights to do the same

 

[oldbutnotdead]

Assuming the soffit and drainage and stuff are as originally built (so they were in place when your mate and the neighbours moved in) its down to the neighbours to make alternative arrangements for the drains. There's no minimum gap required but they must not attach anything to your mate's property (it being detached his side wall should be on his side of the boundary rather than astride it). Your mate would be well advised to do some sound monitoring before this new bit is built in case he gets increased levels of sound nuisance from the new rooms
Has the neighbour applied for planning permission for this lot- if he has & your mate objected and permission was still granted then he's probably stuck with it. If no planning permission then have a look at the planning portal & see if it really is PD- building on top of the garage almost certainly won't be.
View from a bedroom window isn't quite as critical as the view from a living room or dining room.......

 

[lt8480]

Your mates eaves, soffit, guttering etc. overhang your neighbours land, and drains across his property... Are you sure the boundary isn't actually further across say 1/2 a meter from the wall?

If it does in fact overhang the neighbours property it is possibly trespass by your mate and the neighbour can do as they wish to move the gutter, etc. on/over their land (unless a covenant, or right say is established to do this through long use).

First thing to do is check your mate isn't in the wrong before claiming the neighbour is ruining their house.

Of course the neighbour needs planning permission or the works will need to fall within PD to build what you suggest.

 

[Notch7]

Itll prob need a party wall notice.

 

[darkart]

All the properties in the row where built the same with the guttering hanging over the neighbours alleged land by at least 1 foot. The neighbour intends to build a flat roof under the gutter as close as possible to my friends gable end wall (within inches). Problem is, how would my friends repair or render the wall or repair the gutting if needed?

If the drain pipe is attached to my friends house can they simply move it without permission due to it being installed that way when the properties were built?

The neighbour has said my friend can gain access by climbing onto his flat roof once built to complete any repairs, but obviously this would not be ideal due to possible damage to flat roof, the offer could be withdrawn once the build is complete, repairs to the gable end wall would be impossible and creat issues with the footings to my friends house?

Really appreciate all your inputs.

 

[^woody^]

Way too much drama and what if's and might not be able to's for such an every day occurrence.

Keep within the rules and serve the required notices and you can build - irrespective of a neighbour's opinion and suppositions.

He's already been told that he can get access to do what ever maintenance he needs to, so that's the end of it.

 

[darkart]

Woody; access can be withdrawn at any point once the build is complete, access cannot be gained to carry out any rendering to my mates gable end wall. Access by using the newly built felt roof to complete repairs to guttering can be expensive due to needed scaffolding or risk damaging the felt roof.
Work it out.
But thanks

 

[^woody^]

Work it out

Ok

Access to Neighbouring Land Act 1992.

3mm hardboard for the flat roof.

 

[lt8480]

Cleaning guttering, painting etc. isn't really much of a problem they do have right to access as woody points out, but two walls within inches could cause problems if say leaves built up in the gap, or something died down there, and then both properties will end up with the same issues and same problem of repair.

The "correct" thing to do is leave an adequate maintenance gap, or no gap at all.

Has he even got planning to do this or are the works within PD? That's the first question to answer otherwise its probably hot air over nothing.