Party wall boundary

[christab11]

Hi folks,
Could someone please help me out by telling me whether this monstrosity of a dormer built next door is legal.
It has been built across the whole width of their roof and as can be seen the side is well on top of the Party wall on both sides.
Any help or advice would be great and thanks in advance.

Also by my calculations it's closer to 50 cubic Meters than 40. Any advice welcome.

 

[^woody^]

It's 'legal' if it has planning permission, or is within the permitted development rules, and has building regulation approval.

If there was no party wall agreement, then perhaps there should be. Might be too late now though, if the wall is finished

 

[christab11]

I have checked with the council and there is no planning permission at all. Also there is no Party wall Agreement, they just got on with it and they have also raised the height of the roof by about 18 inch so their ridge is about 18 inches higher than anyone else's roof in this street. Just to round things off, by my calculation this Loft conversion is close to 50 cubic meters which i don't think is allowed or am i wrong.

 

[^woody^]

Get the planners out then.

If you want to get an injunction regarding lack of party wall notice, then that's potentially an option too.

 

[freddiemercurystwin]

They're not permitted to raise the roof and it looks like they're foul of the 20cm set back, though not entirely clear with that photo.

 

[christab11]

The council planning officer has visited but seem to be siding with the developers. They have said they will not get involved with the party wall issue and the council have asked for the developers to submit the plans for the raised ridge which the developers claim was already that height but you can clearly see on Google maps street view that the roof was the same height as every other house. I also have photos taken a few years ago showing the ridge was lower. The council also seem to be trying to avoid the issue of the size of the loft conversion with is close to 50 cubic meters.

 

[christab11]

They have set back about 20 cm from the front as far as i can see which i think is the only that seem to be legal. Maybe I'm wrong but as it's an L-shaped dormer shouldn't there be a 20 cm gap all around the dormer?

 

[RichA]

Presume set back is required on the 2 sloping sides, not the gable end?