Retrospective planning enforcement/building regulations

[LMB40]

Hi, I have recently made a complaint about our neighbours extension. The extension is built right up to our fence and outwards to what appears to be outside of planning rules. The building is constructed with what could possibly be inappropriate materials. The roof is corrugated plastic, however, we are unable to see what the rest of the building is constructed of due to visual limitations. The building appears to have been insitu for many years, therefore is not new. We have concerns over the safety of the building, due to the materials used that we can see. It is also highly unsightly and is preventing us from enjoying the view of our garden. The neighbor has also erected a fence made out of concrete baseboards which is over two metres high. For a little bit of background, our neighbour has tried to prevent us removing the hedge (picture shown) that is growing on our property. He states one of the previous occupiers as allowed him to plant this many years ago and as such it belongs to him! Anyway this is being dealt with but has now given us a dispute which would have to be declared if we decide to sell. This shows the kind of man we're dealing with. What I want to know is, if this extension has been insitu for over 4 years, which is likely, what are the chances of us being successful with our complaint? Or what happens if it doesn't apply to building regs? Thanks.

 

[tony1851]

Unfortunately your chances of getting anything done on the Planning front are zero.
The cut-off time for planning enforcement is indeed 4 years.

 

[LMB40]

That's what I suspected . What about on the building regs side of things? Thank you

 

[^woody^]

less than zero

 

[LMB40]

Building regs?

 

[Mottie]

What an eyesore but looking at the first picture, the 'wall' made of gravel boards appears to be set back into the neighbours garden beyond the boundary line which I presume is the wooden fence. If this is the case, the hedge is in your neighbours garden so it is their hedge.

 

[tony1851]

Building regs?

Not a chance.
Under the Building Act, councils can take action for contravention of the regs under s.s 35 or 36, but it has to be within 12 months of completion.
Alternatively, anyone - including councils - can serve an injunction on the owner at any time, but it has to be where a clear danger to life or health exists (eg high fire risk or structurally unsound).
Councils very rarely use this method as they have the burden of proof, and can be liable for costs if they fail.

 

[LMB40]

Not a chance.
Under the Building Act, councils can take action for contravention of the regs under s.s 35 or 36, but it has to be within 12 months of completion.
Alternatively, anyone - including councils - can serve an injunction on the owner at any time, but it has to be where a clear danger to life or health exists (eg high fire risk or structurally unsound).
Councils very rarely use this method as they have the burden of proof, and can be liable for costs if they fail.

It's looking like we'll just have to live with this monstrosity then! I wish I'd not been so eager to make the complaint as they will love this!

 

[freddiemercurystwin]

Was your neighbours' extension there before you moved in?

 

[LMB40]

Was your neighbours' extension there before you moved in?

Yes