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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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123MyName321 · Today 12:31

Sweetandsours · Yesterday 19:37

They refused to show you their plans?
You didn't think that was unusual?
Really!

Tell the council you requested to see them and they refused.
You had better get real soon.

I would be telling the builder they refused to show you and that any damage he has done will be HIS responsibility too.
Surely he knows that planning would have been required due to its size?

They hadn't told us they were starting building work so we hadn't expected to see any plans. Once they started doing the work, we asked to see their plans and they initially refused, but by that point, everything seemed unusual! Now that they've shown us their 'plans', we understand why they weren't sharing them. They are more of a rough sketch than architectural drawing but they make it very clear that the project requires planning permission and building control sign off, neither of which they have.

OP posts:
JohnofWessex · Today 13:03

123MyName321 · Today 12:26

They definitely thought everyone would be too stupid to notice. Since this happened, we looked at planning permission history and discovered the behemoth of a double storey extension that the neighbours built over 10 years ago (which happens to block most of our property's light) also had no planning permission. It nearly doubled the square footage of their house so they definitely required it. The person who lived in our house at the time was a little old lady who didn't make a fuss about it. They got away with it once and were hoping to do so again.

That might be interesting when they come to sell, no building regs

JohnofWessex · Today 13:11

Given its proximity to your house I might push for the Council to inspect the extension for Building Control assuming they can still do this.

Mendii · Today 13:20

I had a similar thing once. It wasn’t my house though it was my mothers house and she had just gone into care so I think they thought they could get away with it. The neighbour came round to tell me they were planning a single story rear extension “next year” and they would be in touch nearer the time. Cool. I have no issues with that and neither would my mother. It was currently August. I then went on holiday for two weeks and came back to this. (Photos may take a while to upload). I almost had a heart attack. They’d removed part of my mums fence and broken other bits (definitely her side that she owned) without asking and just started digging without any party wall documentation and were actually digging on my mums property. (You can see where the boundary line is with the remaining fence). People are just arseholes and try to get away with whatever they can.

To ask neighbour to pause building work and sort out planning permission and party wall agreement before continuing?
To ask neighbour to pause building work and sort out planning permission and party wall agreement before continuing?
To ask neighbour to pause building work and sort out planning permission and party wall agreement before continuing?
123MyName321 · Today 13:30

JohnofWessex · Today 13:03

That might be interesting when they come to sell, no building regs

Because it has been over 10 years, the double extension’s lack of planning is officially forgiven and they will get away with it, sadly.

OP posts:
Stillreadingalot · Today 13:30

Hi OP - this sounds like a complete nightmare and you have my sympathy.

123MyName321 · Today 13:31

Mendii · Today 13:20

I had a similar thing once. It wasn’t my house though it was my mothers house and she had just gone into care so I think they thought they could get away with it. The neighbour came round to tell me they were planning a single story rear extension “next year” and they would be in touch nearer the time. Cool. I have no issues with that and neither would my mother. It was currently August. I then went on holiday for two weeks and came back to this. (Photos may take a while to upload). I almost had a heart attack. They’d removed part of my mums fence and broken other bits (definitely her side that she owned) without asking and just started digging without any party wall documentation and were actually digging on my mums property. (You can see where the boundary line is with the remaining fence). People are just arseholes and try to get away with whatever they can.

People can be terrible. I’m so glad this happened to us while we were home. If we’d been on holiday we might have come back to find it almost finished.

OP posts:
Comtesse · Today 14:06

123MyName321 · Today 12:26

They definitely thought everyone would be too stupid to notice. Since this happened, we looked at planning permission history and discovered the behemoth of a double storey extension that the neighbours built over 10 years ago (which happens to block most of our property's light) also had no planning permission. It nearly doubled the square footage of their house so they definitely required it. The person who lived in our house at the time was a little old lady who didn't make a fuss about it. They got away with it once and were hoping to do so again.

Holy moly that’s shocking. Definitely need to have a LONG chat with the planning department.

Keysfound · Today 16:59

You may have done them a favour, they could be dodgy builders and they may realise before it gets out of hand. If I read correctly, there was an extension there that is not on the planning register, if this was there when they moved in, they may not be in correct council tax band. Total random thoughts, no response required. ☺️

123MyName321 · Today 17:16

And it gets worse—they have finally agreed that a party wall agreement might be necessary but they want us to pay half the surveyor costs for it 🫠. We obviously will not be doing that. The party wall agreement is part of the cost of them deciding to do building works. Asking us to pay for it is like us deciding to renovate our kitchen and then asking them to chip in. It is bizarre.

OP posts:
SirenScream · Today 17:23

123MyName321 · Today 17:16

And it gets worse—they have finally agreed that a party wall agreement might be necessary but they want us to pay half the surveyor costs for it 🫠. We obviously will not be doing that. The party wall agreement is part of the cost of them deciding to do building works. Asking us to pay for it is like us deciding to renovate our kitchen and then asking them to chip in. It is bizarre.

I think you should keep a record of all coms but dont reply to the request. Let the relevant authorities deal with them.

Musicaltheatremum · Today 17:40

Goodness they are trying it on aren't they. They'll have great fun when they try to sell it in the future if they don't have the necessary permissions

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