Garage height question.

[greasyplum]

Hi I have built a garage in my back garden which abides by all restrictions apart from being just under 4m high. It is constructed using part of a boundary wall with full permission from the neighbour and i understand the height must be below 2.5m if within 2m of a boundary. My question is can any of my other neighbours put in a complaint about this issue and will this cause problems in the future if i or my consenting neighbour decide to sell? Thx in advance for any advice

 

[Richard C]

i understand the height must be below 2.5m if within 2m of a boundary.

Correct; if it’s to be built under permitted development & without submitting a planning application.

can any of my other neighbours put in a complaint about this issue

Yes.

and will this cause problems in the future if i or my consenting neighbour decide to sell?

Probably; also, whose wall is it? It’ll be classed as unauthorised building work & probably get picked up on a purchaser’s survey but you will also be asked specific questions regarding any Building Works on your sellers questionnaire; it's not a good idea to lie on those either as it could lead to a civil court claim for damages. If your neighbour sells up, the new one may require you take it down especially if it’s his boundary wall & you have no written permission to fix to it; it’s actually classed as criminal damage!

 

[greasyplum]

Thx for reply.The boundary wall is mine as far as i am aware. Would it benefit me to get in writing permission from the existing neighbour who shares the boundary that they have no objection to the erection of the garage? There was a previous garage built on the piece of land that the new one is built in recent years.
Does this have any relevence on things?

 

[Richard C]

That would only cover you with regard to fixing to his wall or a party wall; if you’re sure it’s your wall you can do what you like. It still doesn’t cover the issue that you’ve erected the garage without PP, whether or not he has any objections to it is of no relevance, neither is the existence of a previous garage on the same spot; you’ve still breached planning regs.

If you can keep it quiet for 4 years & prove it’s been there that long, planning cannot issue you with an enforcement notice after that time (unless it’s listed). Unless you then obtain a certificate of lawfulness, it still remains an unauthorised development even though they can’t make you take it down.

Hear is a link which may explain things little better;
http://www.tameside.gov.uk/enforcement/planningbuildingcontrol (same for all councils)

It gets worse as you may also have breached Building Regulations unless it complies with the following;

Building a detached garage of less than 30 square metres floor area would not normally need building regulations approval if:
• the floor area of the detached garage is less than 15 square metres.
• the floor area of the garage is between 15 square metres and 30 square metres, provided the garage is at least one metre from any boundary, or it is constructed from substantially non-combustible materials

 

[greasyplum]

Ok Thx for the advice, it looks like I need to keep my head down and not annoy any neighbours for the considerable future..