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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbour building noise

29 replies

springoversummer · 31/08/2024 17:50

Have lived in my house for 10 years. Have had a problem neighbour in the past who played (REALLY) loud music all day and night. When they moved a lovely couple moved in and I was able to relax for the first time in years.
However, he is a builder and for the last 2 years has been renovating the house. This is renovation, not a bit of DIY. The front room was done which had a leak in pipes and the front pavement was dug up before all the work was done in the room. He has changed the direction of the stairs and bashed new doors at the opposite end of the rooms above. Has fully repositioned the bathroom, including all pipework to a different area. All the noise and disruption I have tolerated as I understand the house needed done up.
Now he is extending the kitchen. This will include building above the windows on my side, blocking out the light. He has said he doesn't need planning permission as building regs apply and I have no right to light. So, all the digging of foundations has begun and is disruptive. I work from home and understand this work is needed so try to work round it. My problem is that he is banging about well into the evening and both days over the weekend.
I have had a conversation with him asking to keep the noise over the weekend down. I have sent 3 texts in the evening asking how long the noise will be as it is an issue at night. This was 3 polite texts over 2 months. He has spat back that this is harassment and he can work on his own house every day until 9pm should he wish to.

I stress, despite these being terraced houses (noise carries), we try not to disturb neighbour with noise. I had years of Hell before they moved in and am probably slightly hypervigilant, however we live a quiet life and just want to sit down in the evening and watch a bit of Eastenders. We are not throwing wild parties. In addition, I have had to put mesh nets up to be able to open doors and let air in, this is because his 2 cats keep coming in. Their dog also barks regularly.

I used to get on with them and even went out for coffee with his wife. I really don't want tension especially as we have to live next to each other.

AIBU to ask for work to stop at 6pm and 1 day no noise at the weekend?

OP posts:
SquishyGloopyBum · 31/08/2024 17:53

I think there are rules about when building work can be done.

Have you had a party wall agreement? I'd also check the planning rules yourself, he doesn't sound trustworthy.

Doseofreality · 31/08/2024 17:54

I would contact the planning department and check what he has told you is correct about your right to light.

OhmygodDont · 31/08/2024 17:54

Problem you have is, if say he stops to give you peace right now. The longer the work will take as his doing it himself.

you could quite likely report him to the council for say Sundays but each day he doesn’t work is another day he will if you get me.

Scammersarescum · 31/08/2024 17:57

Definitely check with planning. You may not have an automatic right to light, but planning do look at where an excessive amount of light will be blocked.

Also I'm not sure what he means that he doesn't need planning because it's within building regs. That makes no sense. All construction has to be within building regs, that doesn't govern whether he needs a planning application.

Check with you council about noise. Record it and diarise it.

Original poster
springoversummer · 31/08/2024 17:57

@SquishyGloopyBum the party wall from my side slightly overhangs. This was there long before I moved in. I believe he is in his right to remove this but building above the light is not ideal
I am not sure there are rules on noise for building work.
I feel I have been very tolerant for 2 years but it is too much. Any ideas where I find building noise regulations?

OP posts:
Scammersarescum · 31/08/2024 17:59

springoversummer · 31/08/2024 17:57

@SquishyGloopyBum the party wall from my side slightly overhangs. This was there long before I moved in. I believe he is in his right to remove this but building above the light is not ideal
I am not sure there are rules on noise for building work.
I feel I have been very tolerant for 2 years but it is too much. Any ideas where I find building noise regulations?

What do you mean by your party wall overhangs?

Original poster
springoversummer · 31/08/2024 18:02

@OhmygodDont sadly, it won't end here. He is planning to extend into the loft after this.
How many much longer would not working 1 day over the weekend actually be? I may not have a right to light, but must have some rights to noise/ living peacefully at night?

OP posts:
Original poster
springoversummer · 31/08/2024 18:04

there is a window along the top of the party wall and toward his side is a gutter under the window. This was done circa 1990?? Well before I moved in

OP posts:
OhmygodDont · 31/08/2024 18:08

springoversummer · 31/08/2024 18:02

@OhmygodDont sadly, it won't end here. He is planning to extend into the loft after this.
How many much longer would not working 1 day over the weekend actually be? I may not have a right to light, but must have some rights to noise/ living peacefully at night?

If you removed a 6 hours day for a 2 hour evening as an example it’s an extra 3 days for each one missed.

He sounds like his got lots of plans though so could be worth the council route. Though again remember you need to declare neighbour disputes too.

EsmeSusanOgg · 31/08/2024 18:12

He almost certainly does need planning permission for the sheer amount of extension/ renovation work he is doing and planning. I would take notes and flag with planning enforcement/ ask for advice.

Also, DIY would allow him to work until later. But even if it is your own home there are rules about major renovation working times (he absolutely should be done by 6pm, unless he has permission from the council for extended hours).

Do not take advice from him, he has a vested interest in getting his own way. Get a free legal advice session from a local solicitor if need be.

Izzymoon · 31/08/2024 18:22

@EsmeSusanOgg He almost certainly does need planning permission for the sheer amount of extension/ renovation work he is doing and planning.

You typically don’t need planning permission to renovate a house and his extension could come under permitted development, again no planning needed, same goes for the loft.

SquishyGloopyBum · 31/08/2024 18:24

He's blocking up your windows?

Also, you need a party wall agreement - it's your legal entitlement.

Please get advice on this, none of it sounds right at all.

Londonmummy66 · 31/08/2024 18:26

If you are in a terraced house and he is digging foundations the party wall regulations may well apply. www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

TransformerZ · 31/08/2024 18:28

Never mind the noise
Look into your right to light situation - he might be lying

PacmanIsLost · 31/08/2024 18:33

You absolutely do have a right to light (and privacy if relevant) and unless the extension falls under permitted development he will need planning permission.
Why are you taking his word for all this and not looking in to it yourself?

Building regs are a completely different thing.

EsmeSusanOgg · 31/08/2024 18:39

Izzymoon · 31/08/2024 18:22

@EsmeSusanOgg He almost certainly does need planning permission for the sheer amount of extension/ renovation work he is doing and planning.

You typically don’t need planning permission to renovate a house and his extension could come under permitted development, again no planning needed, same goes for the loft.

Edited

The extension, plus the loft conversion, plus changes to height almost certainly exceed permitted development. OP should check.

TheHateIsNotGood · 31/08/2024 18:44

YANBU for wanting to be able to continue to get on amicably with your neighbour and I agree with your concerns. Fuck the Neighbours seems to have become a more common occurrence recently; only today I was helping a friend who is going through a wtf nb issue.

Besides the rules and regs/nuts and bolts of it - generally the best way is to find a 'common ground' before the Rule Book gets thrown - particularly as NBs have to co-exist. In the first instance, after you have fully acquainted yourself with all the local R&Rs, invite him/the builder to a place he feels comfortable, which could even be next door, to discuss and first thing is to listen to his reasons why he's renovating at all hours. There could be a mountain of stress behind it which you can then find a common negotiating ground to work with.

If that doesn't work - throw in the Rule Book.

Didimum · 31/08/2024 18:47

The foundation digging has to be 1 metre minimum away from your property in order for him not to need a party wall agreement. I know because we did this last year.

Mrsttcno1 · 31/08/2024 18:49

Hi OP, typical rules are no residential building work after 6pm Mon-Fri, and it can only be done 8am-1pm Saturdays, no work at all on Sundays.

The problem with him doing it himself is that there is no business to report, so you’d have to go via the council and report it as a noise disturbance. They’ll ask you to keep a log, keep evidence, and will also measure the noise etc.

Obviously going via the council won’t do much for your relationship with the neighbour but you’ve tried speaking to them directly with no luck.

Original poster
springoversummer · 31/08/2024 19:00

@Mrsttcno1 this is only technically true. He has taken out an extra mortgage for this kitchen work. He is paying himself a wage from this to do the work. He is using his property as an excuse at the weekend. My issue is this is not a little bit of DIY. It is major work. So technically his company during the week should keep within these hours, but outwith this it is DIY as it is his own property. Not even sure where to begin with the rules on this.

OP posts:
Mrsttcno1 · 31/08/2024 19:04

springoversummer · 31/08/2024 19:00

@Mrsttcno1 this is only technically true. He has taken out an extra mortgage for this kitchen work. He is paying himself a wage from this to do the work. He is using his property as an excuse at the weekend. My issue is this is not a little bit of DIY. It is major work. So technically his company during the week should keep within these hours, but outwith this it is DIY as it is his own property. Not even sure where to begin with the rules on this.

Check with your local council OP but ours is very clear that noisy DIY should follow the same rules, 8am-6pm Mon-Fri and 8am-1pm Saturday, the only exception is work which cannot be heard from outside the property. Anything outside of that which is reported will be investigated and dealt with and they can serve an abatement notice x

muddyford · 31/08/2024 19:17

We built a flight of steps at our back door and an architect friend checked it wouldn't impinge on our neighbour's right to light. There was a minimum distance away that our building had to be and at a certain angle (I think).

Givemeaclue123 · 31/08/2024 19:22

Section 6 of the party wall act is applicable if they plan to excavate within 3m of your foundations and it will go lower than yours.

Our neighbours wanted to build on the side of their house and produced a cut/paste document from the Internet.

Didn't make sense to us so paid for a chartered surveyor to translate.

Turned out they were planning on coming onto ourside by 30cms, but this would allow then to claim the 30cms from kerbside all the way to the end of the back garden. They were also knocking our gate down and rebuilding it further back, coming down to our foundations and into our air space with gutters.

Avoided a very costly mistake as we nearly just signed it as they didn't tell us half of this, just that it would be noisy as they were extending.

Definitely check and double check. We refused to sign and they haven't spoken to us since but also didn't build

Original poster
springoversummer · 31/08/2024 20:23

@Givemeaclue123 hindsight is a wonderful thing :-/ And if someone didn't double check before work started.... Any comeback?

OP posts:
EsmeSusanOgg · 31/08/2024 22:16

springoversummer · 31/08/2024 20:23

@Givemeaclue123 hindsight is a wonderful thing :-/ And if someone didn't double check before work started.... Any comeback?

Yes. Enforcement action can require the works be removed.