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AIBU?

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To ask neighbour to pause building work and sort out planning permission and party wall agreement before continuing?

137 replies

123MyName321 · Yesterday 10:12

Semi detached neighbour has just started digging foundations for an extension. Foundations are more than 3 times deeper than our house foundations and within 5cm of our party wall. No party wall notice was served. After speaking to the builders, it also transpires that the extension is large enough to require planning permission, which the neighbours do not have.

We aren't opposed to the neighbours improving their home, but we want to make sure things are done safely and legally.

We would like a surveyor to check that the plans are structurally sound given our house's very shallow (less than 30cm) foundations and we would like to know what the plans are for their extension, as it might end up substantially overlooking our garden.

We would also like them to apply for the required planning permission before continuing their build as I understand an unpermitted structure next door can affect our ability to sell our house.

Are we being unreasonable?

OP posts:
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Notaverageinanyway · Yesterday 16:31

You are not being unreasonable at all . Without it your insurance might not cover you at all . Get legal help asap and call building and planning control asap . Your property can potentially be in danger .

RhosynCymru · Yesterday 16:39

Many many moons ago I worked as a surveyor, and although my memory is hazy, i definitely remember doing party wall work and for the kind of work you’re describing, your neighbours need to hire a party wall surveyor. I’m pretty sure that’s a legal requirement. It covers you both in the event of any damage to your property. A proper condition survey is necessary in relation to your party wall or boundary before work commences.

Liverpool52 · Yesterday 16:45

Restlessdreams1994 · Yesterday 16:09

A party wall is a shared wall, why are they building 5cm away from it? Surely the extension should be attached to the wall?

The party wall act also relates to foundations laid within a certain distance of a party wall if they go down a certain depth past the party wall foundations.

Sweetandsours · Yesterday 16:51

Bloody hell OP, they have taken you for mugs, have clearly employed a cowboy, and gods knows what damage they could do to your property.

Only complete CF's would dream of doing this.

In your place I would order a video bell for the front of your home and a camera for your bedroom positioned so it can record the work being done from Amazon.
They are not expensive and will give you video proof of what they are doing.
One with an app on your phone would be handy so you can check in regularly as to what they are doing.

I wouldn't trust them as far as I would throw them.

SirenScream · Yesterday 17:12

I'm sorry that your neighbours are absolute pond life @123MyName321 !

WonderingWanda · Yesterday 17:16

This is outrageous. Have you spoken to the planning department yet? Have the ceased works?

If not do so asap because they are taking the piss.

Strawberrydelight78 · Yesterday 17:28

You don’t want to end up like this poor lady. The neighbour has buggered off abroad. https://www.bbc.co.uk/news/articles/c65y5x2pxpn9o

Missohnoyoubetterdont · Yesterday 17:28

Surely you must know you are not being unreasonable?

TwinklyAquaExpert · Yesterday 17:28

Have they shown you the plans? The very least they should have done is show you that. At least then you know what they are proposing to build.
ref contacting the council, you need to go to the planning enforcement team and building control.
Also get a party wall surveyor instructed, they should have done this before any work started & have an agreement in place. They need to pay for this as well, not you.

AbsoluteHoot · Yesterday 17:35

I’m a charted surveyor and I wouldn’t hesitate in reporting them to planning enforcement building control. Unfortunately, the council has no powers with regard to the Party Wall Act.

123MyName321 · Yesterday 17:39

Missohnoyoubetterdont · Yesterday 17:28

Surely you must know you are not being unreasonable?

Well our neighbours think we are 😂.

OP posts:
123MyName321 · Yesterday 17:39

TwinklyAquaExpert · Yesterday 17:28

Have they shown you the plans? The very least they should have done is show you that. At least then you know what they are proposing to build.
ref contacting the council, you need to go to the planning enforcement team and building control.
Also get a party wall surveyor instructed, they should have done this before any work started & have an agreement in place. They need to pay for this as well, not you.

Until today, they refused to show us the plans. The plans make it very clear that the job requires planning permission, which is probably why they didn’t want us seeing them.

OP posts:
rwalker · Yesterday 17:43

123MyName321 · Yesterday 17:39

Until today, they refused to show us the plans. The plans make it very clear that the job requires planning permission, which is probably why they didn’t want us seeing them.

Just report and back away

SassyJadeCat · Yesterday 17:46

123MyName321 · Yesterday 11:18

We are worried about starting a fight with our neighbours but more worried about our house falling down. I’ve asked them to stop until we can sort out a party wall agreement. We’ll ask for a chartered surveyor as part of that (they want to use a ‘surveyor’ who is unlicensed and works for the builders). I assume that agreement will include their building plans which will we can use as a springboard to ask them to get planning permission. Asking them about planning permission once they finally show us their plans feels less aggressive than reporting them to the council, but perhaps I’m being naive.

You should be speaking with Building Control at the council IMMEDIATELY. Don't mess about waiting for XYZ, they could be doing something that devalued your house and you need to protect yourself. You would be naive in the extreme not to contact the Council, that is literally what they are there for.

Ilovemyshed · Yesterday 17:48

If they don’t have planning or a party wall, do they have building regs process in place? Unlikely and you can see if you look at your local authority planning.

Report, report, report.

Puzzledandpissedoff · Yesterday 17:49

123MyName321 · Yesterday 15:40

The builders have not been working today after I asked them to stop but they have been hanging around and peeing on the garden fence where I can see them from my kitchen window, so they may not be all that reputable.

TBH I'm amazed they stopped after you asked them to, but you're doing the right thing in reporting this

Unfortunately it's one of those occasions where "being nice" would never work.
No matter how gently it's put people like this will regard any query about their plans as a confrontation. so you might as well use the official route from the start

Gonners · Yesterday 17:51

We live on a crossroads and the people diagonally opposite told everyone they were going to convert their loft and put in skylight windows. They had planning permission for this - I checked online. They then took the roof off, built a third storey with ordinary windows, and were all ready to put the roof back on when one of their immediate neighbours started weeping and wailing that they'd had their light built out, plus they were now intrusively overlooked (as was the neighbour round the corner).

As she was too nervous to deal with it, I took some photos and emailed building control. They phoned me, just to say "Right - we'll see about that!" and were round that afternoon. The bloke in charge rang me later to say they'd been told to take the whole extra floor off and restore the roofline. The culprit complained bitterly that he had spent £150k for nothing, but it served him right and nobody cared.

SirenScream · Yesterday 17:51

Report the builders too, they'll be working for cash which they wont be declaring.

123MyName321 · Yesterday 17:52

Puzzledandpissedoff · Yesterday 17:49

TBH I'm amazed they stopped after you asked them to, but you're doing the right thing in reporting this

Unfortunately it's one of those occasions where "being nice" would never work.
No matter how gently it's put people like this will regard any query about their plans as a confrontation. so you might as well use the official route from the start

I think the builders stopped because they were worried about being paid by our dishonest neighbours

OP posts:
Wadsworthy · Yesterday 18:05

You really need to et onto a named planning officer in your local council. As soon as possible.

Your neighbours are arses to do this with no party wall or planning permission.

notjaneausten · Yesterday 18:11

Do it. Fast. It’s a huge job trying to sort out ‘omissions’

CoraPirbright · Yesterday 18:20

Well done OP. In my experience, planning officers are, shall we say, extremely keen on implementing every single teeny tiny element of the law to these situations so they will be totally on your side. And don’t worry about your neighbours- they clearly don’t give a fig about you or your property. And no reputable builders would touch this so they are dodgy as fuck as well.

AllRighterrrr · Yesterday 18:25

I'm always amazed by what CF's think they can get away with. Hopefully now you've got some professionals involved you've covered yourself for inept and deceptive builders and neighbours

tommyhoundmum · Yesterday 18:37

Gingerbreadseasoniscoming · Yesterday 10:13

Of course not. You need to notify the planning department today. They are usually pretty speedy about stepping in in situations like this.

Agreed. A party wall agreement is essential too. Very worrying.

MMUmum · Yesterday 18:46

123MyName321 · Yesterday 10:12

Semi detached neighbour has just started digging foundations for an extension. Foundations are more than 3 times deeper than our house foundations and within 5cm of our party wall. No party wall notice was served. After speaking to the builders, it also transpires that the extension is large enough to require planning permission, which the neighbours do not have.

We aren't opposed to the neighbours improving their home, but we want to make sure things are done safely and legally.

We would like a surveyor to check that the plans are structurally sound given our house's very shallow (less than 30cm) foundations and we would like to know what the plans are for their extension, as it might end up substantially overlooking our garden.

We would also like them to apply for the required planning permission before continuing their build as I understand an unpermitted structure next door can affect our ability to sell our house.

Are we being unreasonable?

Absolutely not unreasonable, lord knows what you could end up with next to you if you don't step in quickly. Our extension didn't need planning permission but it still needed planning approval

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