Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To refuse to let neighbour destroy our garden?

109 replies

Muddylawn · 06/10/2015 20:52

We live in a terraced house and are currently on the market to sell. We have had an offer accepted on a house we like, and we're waiting for a buyer for our house.

Our next door neighbour (who doesn't live there, but rents out his flat), is undertaking an extension to the rear of his property into his garden. He advised us of the works 2 months ago, and expressed that he would need to bring down our fence. Despite knowing we were going to be selling the house and the timing wasn't ideal, we agreed.

We've now had several viewings, and obviously next door is messy, noisy, and our garden looks awful. Our garden was completely re done really beautifully a couple of years back and is definitely one of the best selling points of the house!

At no point has the neighbour apologised or shown any concern for the disruption he is causing.

Today, he has said he actually needs to re-site his drains as they are currently where his foundations need to go. Because we are in a terraced row of houses, he will need to move our drain, and go all the way through to the other side of our garden to our 2nd drain, to re-route the connecting pipes. Effectively bringing up our entire garden/lawn/new paving/borders.

His email asks us to respond with the 'Ok' promptly as they need to get on with the work.

I am actually really angry. Am I unreasonable to just say a flat out NO to this?

How can we sell our house with the garden all pulled up? And where is the concern or apology for all the disruption they are expecting us to put up with?

OP posts:
Original poster
Muddylawn · 07/10/2015 22:06

I'm now wondering if the extension is even within permitted development. It's a full side return and about 2.5m full width rear extension. We're in a Victorian terrace.

Does that sound like permitted development? I know it's impossible to state but as a general rule, is PD both a side return and rear extension?

OP posts:
AndLeavesthatweregreenturnedto · 07/10/2015 22:14
Shock Shock
  • Do people normally do this retrospectively?

yes !! all the time, some guy built and hid huge castle and had to take it all down.

The gaul of the man, say you will call police if anyone DARES to step foot on your property.

AndLeavesthatweregreenturnedto · 07/10/2015 22:14

It's a full side return and about 2.5m full width rear extension. We're in a Victorian terrace

building regs should be able to tell you

CalleighDoodle · 07/10/2015 22:23

The police will say it is a civil matter. Say mo. Do not give an inch.

limitedperiodonly · 07/10/2015 22:36

The police may say it is a civil matter. They are either mistaken or lazy.

If you say someone is threatening you, even by their presence, they are obliged to come out and deal with it. Remind them of that. I was advised this by police officers who spoke to me when a neighbour was doing something similar to yours. She was intimidating me just as your neighbour is.

If they are in your garden, call 999.

PrincessTooty · 07/10/2015 22:45

Remember to take lots of photos and have a phone to hand to record or film any goings on. Maybe leave a video camera on a window fill facing the garden somewhere where the builders will see it.

What about putting a note up on the boundary to remind the builders and anyone else that they do not have permission to go onto your land.

Does the party wall act come into any of this?

totalrecall1 · 07/10/2015 23:00

Builders next door asked us for that. Needed permission and offered us money to do it along with re-instating the garden. you shouldn't give it for free

GnomeDePlume · 07/10/2015 23:02

2.5m depth extension will probably be within permitted development rights. If that is the case then they wont have needed planning permission. However, they will need to comply with building regs. Building regs can be done either by notification or by full plans.

Honeymonster01 · 07/10/2015 23:18

Permitted development works by area though I am not sure what the limits are. If they have applied for planning permission you should have received notification from the planning department due to your proximity. Most councils now have a n online planning register which you can search for applications. Give your local planning department a call for advice. They may send an enforcement officer out if any doubt. Hope it's resolved soon, it's horrible having stuff like this hanging over you at home x

limitedperiodonly · 08/10/2015 00:28

it's horrible having stuff like this hanging over you at home

I completely agree Honeymonster01. Whatever has happened to you in the day - at work or in the supermarket or on the train - it's great to get home and close the door. It's your haven. When a neighbour does something like this to you it's horrible. You have no refuge.

That's why I got a solicitor to deal with it.

It might not be the avenue the OP wants or needs to go down, but for me, it turned out to be the only way.

I'd weigh it up, OP. It's usually best to avoid confrontation. But sometimes confrontation is thrust upon you. Having someone to guide you through that is a good idea.

Best of luck

Jux · 08/10/2015 09:41

Do make sure that you know absolutely exactly where your garden ends. It would be so easy for him to reinstate the boundary and few inches further onto your land than it really is.

RobotLover68 · 09/10/2015 10:23

Have a look on your council website for permitted development - this is what my council said

The Government has now extended the scheme that was originally introduced on 30th May 2013 allowing for an extension, not on article 2(3) land (a conservation area) nor on a site of special scientific interest, to have a single storey rear extension built up to 6 metres deep from the rear wall of the original dwelling on a semi-detached or terraced house and up to 8 metres deep for a detached house, subject to satisfying the requirements of "Schedule 2 Part 1, Class A of The Town and Country Planning (General Permitted Development) Order as Amended".

CoraPirbright · 09/10/2015 10:54

It's quite surprising how much you can do under 'permitted development'. We got a surprisingly large extension built as I think, from memory, we were allowed 20% of the total square footage of our house. However, it does vary from council to council. If you really want to put a spanner in his works, then call building control on him. With apologies to any building control people on here, our ones were absolute Rottweilers!!

And as for this wire fence a metre into your garden - wtaf?? Who the hell does this guy think he is?? It's a big fat 'no' to that one!!

Original poster
Muddylawn · 10/10/2015 20:49

Building Control were unaware of the work and paid a visit this week. Several of the neighbours have complained.

Neighbour has employed an 'independent building surveyor' therefore this is no longer under the remit of the local authority.

Apparently you can just hire your own, and you don't have to disclose anything at all to the LA, like when you hired this surveyor or whether you just made them up on the spot to get out of an inspection.

Now not sure what to do. Tell neighbour we need written site survey/inspection from his independent building surveyor so we can feel reassured he is doing everything by the book? For example, we know he still does not have permission from water board to touch the drains yet he is doing so.

He has still not put up our fence.

OP posts:
Binkybix · 10/10/2015 20:52

Contact the water board about the drains?

VegasIsBest · 10/10/2015 20:53

Did you get a chance to check if your home insurance offers legal cover? You really need to get some proper advice on this. I certainly wouldn't be taking any advice from someone your dodgy neighbour is employing but would want an independent viewpoint.

Tarzanlovesgaby · 10/10/2015 20:56

contact the water board?

TwoLeftSocks · 10/10/2015 21:06

Who's told you it's no longer under the remit of the LA? The council building inspector or your neighbour? It sounds like bollocks to me.

StoorieHoose · 10/10/2015 21:11

I would just pay someone to put your fence back up and do not communicate with him unless you are saying the words "you are not permitted to enter my land"

limitedperiodonly · 10/10/2015 21:14

I really do think you need to speak to a solicitor specialising in property about this.

Francoitalialan · 10/10/2015 21:29

" employed an 'independent building surveyor' therefore this is no longer under the remit of the local authority. "

That's not how it works. The independent surveyor retained by your twatty neighbour will advise him on what he can and can't do and if his advice is duff, he's liable. But in no way does that mean that he's now outside the remit of the LA.

Francoitalialan · 10/10/2015 21:34

In any event you need to speak to your solicitor pronto because it sounds like this isn't going to go away until you do.

Jux · 10/10/2015 21:39

Tell the Water Board. They take a pretty dim view of people mucking about with their stuff.

Francoitalialan · 12/10/2015 15:06

Any update OP?

Original poster
Muddylawn · 12/10/2015 15:46

We put the fence back up and they seem to be working around that. I haven't heard from them yet but I do know the architect and owner failed to tell the builder that we had refused permission to our land and the builder was completely unaware of the dispute. The police visited our property and confirmed they could not take down the fence again.

OP posts:
Swipe left for the next trending thread