Neibour building attached extension to my linked detached house!

[Tommyf]

Hi guys, I'm Tom! I'm new hear and looking for some advice as the planning department seem to be no help at all...
So, my property is a linked detached house ( connected via garages) my neighbour had decided to build what looks like a continuation of his garage to the rear of the property. I know this can be done under permitted development laws due to the size but the problem I have is they had attached it to my rear wall. They have chased the lead into my house and drilled there roof structure to my bricks. As you can imagine it is now like living in a semi detached because they use it as living space ( party room). I tried to explain this to planning but they told me it's a private matter and a party wall agreement... Can anybody give me some advice as to what to do...

 

[GeoffJ]

Where is the boundary line. Is your wall fully within your boundary? Or does your wall form a party wall.

You may get some help form a party wall surveyors. https://fpws.org.uk/


Regards
Geoff

 

[motorbiking]

Did they serve a party wall notice and provide any drawings relating to what they planned? Did you give any oral or written permission agreeing to the extension? Did you at any time tell them to cease work prior to the completion or ask the council enforcer to get them to stop?

On the face of it you would have a claim for trespass

read: http://www.bailii.org/ew/cases/EWCA/Civ/2011/186.html
http://www.bailii.org/ew/cases/EWHC/TCC/2010/2678.html

you need to act very quickly a court may be reluctant to order the modification of the extension, unless you can demonstrate you took steps to stop the work during the trespass.

Your options are:
- Apply for a court injunction getting them to remove the trespassing building and make good the damage
- agree a settlement for the encroachment on your building.

It looks like they have also modified your rain water system too? I'd go mental in your shoes

 

[Footsoldier888]

Firstly you need to have a look at your deeds to see exactly where your boundary does lie. It is possible they do have the right to attatch, should it be in the deeds. By that I mean it may be a convenant that applies to link detatched houses for example.

Unless there is actual damage you need to be careful about making a claim or it will end up costing you a lot more than you get back. You have to suffer actual damage before you can make a claim.

The noise is a seperate issue to the building work so best to seperate the issues.

 

[^woody^]

I tried to explain this to planning but they told me it's a private matter and a party wall agreement...

If they have crossed the boundary line then it is a planning issue as that breaches permitted development conditions. Get back on the phone to them.

Apart from that, it's a potential trespass if built across the boundary without your permission

 

[Tommyf]

My neighbours fence is in line with my exterior wall so where he has built this extension is on his side but is my wall if that makes sense. He never told me he was building any kind of extension let alone attaching it to my property. They have not long moved in maybe 6months ago and have done alot of work to the house from driveways to new windows etc so I never took notice when he was making noise because it was normal when doing work like new patio and things but never noticed it being attached to my property until recently they had a party and it was like I was in the same room! When I looked over the fence noticed it was in fact attached. He never asked me permission or even told me what his plans was.

 

[^woody^]

Well this might be good therapy for you, but you need to offload to a good solicitor instead.

 

[bernardgreen]

A similar situation resulted in charges of criminal damage.

Planning department at the council may not be interested but Building Control may be interested if there are any contraventions of the Building Regulations for a room which they consider is being used for purposes of habitation.

 

[^woody^]

A similar situation resulted in charges of criminal damage.

Planning department at the council may not be interested but Building Control may be interested if there are any contraventions of the Building Regulations for a room which they consider is being used for purposes of habitation.

Building control are only concerned if there are safety issues. If not, they're not.

It would be a planning issue if contrary to PD or if not PD and there is no permission. Whilst there is no duty to act, they could be pressured into enforcing an unlawful extension - and that would be the OP's least cost option, but it would take a long while to drag out. Also, there would be no compensation for the OP with this route.

A civil action would be the quickest but will need financial outlay. However that would be reimbursed in the settlement. Check household insurance for cover for stuff like this.

 

[Tommyf]

Thanks for the advice guys! I'm going to give the planning a call tomorrow and see what I can get done... Debating if it's worth trying to have a chat with the guy next door about my concerns and see what we can sort out between us. He doesn't seem the most pleasant of people tbh and I don't think it will be a pleasant conversation if I'm asking him to correct his work. Don't want to cause a bigger problem than we already have...

 

[motorbiking]

I’m afraid this needs some money spent on i‎t. The longer you leave i‎t, the less likely he’ll be forced to remove i‎t.

it’s not criminal damage. You need to talk to a solicitor - focus on your remedy not planning issues which may or may not help.

I’m afraid court action is likely given he’s spent money and time creating his shed/thing. He’s not going to give up without a fight.

 

[bernardgreen]

They have chased the lead into my house and drilled there roof structure to my bricks.

it’s not criminal damage.

Drilling holes into the walls of a building without the permission of the owner of that building is criminal damage.

 

[^woody^]

Drilling holes into the walls of a building without the permission of the owner of that building is criminal damage.

Is it? Where is the criminal intent? Where is the damage?

It's a trespass under common law.

 

[motorbiking]

He would have a strong section 5 defence.
https://www.legislation.gov.uk/ukpga/1971/48/section/5

Also the case of R v Smith 1974, held that an honest belief, even if wrongly held, that the person was entitled to do it, is sufficient.

 

[bernardgreen]

Is it? Where is the criminal intent? Where is the damage?

The case I am thinking of involved a wooden batten screwed to a neighbours wall without the owner of the wall giving permission.

The damage was several holes in the otherwise un-blemished brick work.

It was considered by the court to be criminal