Neighbours unhappy with planned extension- can they sue?

[musiceverywhere]

We've applied for and been granted planning permission for a single storey extension which will go up to the boundary fence of our adjoining neighbours house (semi detached).
Elderly neighbour lodged an initial objection due to 'loss of light' at consultation stage, but council has given permission regardless (as extension v small in relation to our/their garden size and only single storey- the existing fence is about 5 foot already!)

We've been round today to politely inform them that we would be going ahead and to give them a 'heads up' that building work would be starting. I tried to be sensitive to the fact that they're not happy, but we just got ranted at including 'I'm going to sue as you're ruining my house'.

Does he have any legal grounds to do this? I'm five months pregnant and if we get bogged in a dispute over this then it won't be done before due date, not to mention the financial impact that legal action can have. Its upsetting enough to fall out with neighbours, but surely he'd be wasting his time and money to challenge this?

You have been given permission. I guess he could try but doubt he could get far

I think he was just ranting. All sounds very stressful but he's just letting off steam. What would he sue you for, exactly? It's not illegal to build an extension when you have planning permission (and get it signed off for building regs). Only thing I can think of is party wall agreement - no idea whether you need one but you do mention you are building up to the boundary. But even if you did, it's not a block on building - he can't stop you, he can merely negotiate the party wall agreement.

No, he can't sue you. You have planning remission to build your extension. Your neighbour had the chance to put his side of the argument and he lost. Carry on with your building work and ignore him. You tried to be nice and he didn't take it well. I'm sure you are sorry that he is upset, but you want your extension so you have to go ahead whether he likes it or not.

Good luck with your baby.

As far as i'm aware, they can't possibly sue you. You have applied for and been granted planning permission so are doing nothing illegal. What possible grounds could he have for suing you?

Our neighbours objected to our planning permission on the basis of loss of view (despite not being able to see anything for their massive leylandii hedge) but we were granted it anyway.

However he did make life difficult for our builder so i suggest you make sure that yours keep on his good side.

Thank you all so much for your replies. I've been upset over this all day, I hate conflict! He made me feel so thoughtless when I was just trying to be civil and sensitive to his feelings.
If we couldn't do the extension we'd have to move house it's not something we've undertaken lightly otherwise I wouldn't think it was worth upsetting a neighbour over. They'll probably only be in their house another 5 yrs and I would bet him anything that whoever buys their house next will want to put the exact same extension on it.
We've already warned our builder and he reckons it can be done without needing any access to neighbouring property.
I can't face him again, the stress isn't good for me, so when we've got a precise start date I was just going to post a letter in to inform them- I think we're obliged to do this?
Thanks again everyone

Did he sign the Party Wall Agreement? I wouldn't get a start date fixed without one.

No one has mentioned one to us. We're not building onto any adjoining walls, the new wall will be on our side of the shared fence which i didn't think counts as a 'party wall'. I was planning to offer to replace this fence in the process but now with his attitude I'm not speaking to him unless in writing. What problems could PWA bring up?

If the building is totally within your own property and does not form a part of the boundary, then you do not need a party wall agreement. If you want to take out the fence and replace the boundary with your wall then you do need one.

Notifiable work is either building work which affects a party wall or boundary line, or excavations within three or six metres of a neighbouring property (depending on the depth of the foundations you are making). This will include most extensions and basement and loft conversions.

Do you mean by 'notifiable work' that we need to notify the neighbour of the start date for it?
Yes, the work is all within our boundary and we hadn't planned to replace fence with wall. That would create a party wall and all associated problems. Think that would tip him over edge!
I just thought it would be easier to replace fence now before we build right next to it, but as I said earlier I daren't approach him again now.
Going to speak to builder tonight to warn him there may be frostiness.
Thanks for all advice everyone!

Notifiable work means you need to serve notice on all the owners of every neighbouring property affected by the works, both freeholders and leaseholders. You don't need planning permission for your plans to serve notice, and once you've done so you can take up to a year to start work.

Whose fence is it? If it's yours, might it be tricky to maintain it if you've built a room in front of it?

Sounds v stressful!

We had a small extension built on the back of our semi, about 50cm in from the fence - we had a Party Wall Agreement, as we were obviously within 3 metres of their foundations. Our neighbours did the same, and they also got a Party wall Agreement. Their surveyor came around, inspected our house, took photos of any cracks etc. Its to protect both parties. Otherwise, what's to stop your neighbour claiming that your work has caused damage to his house ? You don't know it's current condition. I think you need to do more investigations ASAP, ask you insurance company for advice, and try the site below:

www.gov.uk/party-wall-etc-act-1996-guidance

Also this one, from March this year, witch has the following extract:www.theguardian.com/money/2013/mar/14/home-extensions-plans-party-wall

If you are carrying out works governed by the Party Wall Act, you need to serve a party wall notice on your neighbours. This must be done at least two months before the notifiable works begin, and at least one month before the notifiable excavation works begin. Notifiable work is either building work which affects a party wall or boundary line, or excavations within three or six metres of a neighbouring property (depending on the depth of the foundations you are making). This will include most extensions and basement and loft conversions

Take care. This is your responsibility, not your builder's. Anything legal is NOT his call. There are times in life when you can get away without doing things - but it doesn't mean its a good idea!

Whoops, x-posted some with jetjungle!
OP, PWA cover much more than just the literal wall between. I'm afraid I have to disagree with madeofstardust. Sorry.

It's the boundary fence, so replacing it would be a joint responsibility, but once we've put the wall there, any work on fence will require access to neighbours garden. Once the wall is built though, we won't really be able to see the fence from our side (becomes hedge at end of extension) so we'll let him decide when he wants a new one and we'll just pay our half. It's ok for now.
Yes, it is v stressful! I'm hoping once it's there he'll realise it's not as bad as he thinks.
Just want to get along and as they're elderly I think it's important they know they can approach their neighbours if they need anything, but i don't think they would now. DH had always offered and done small jobs for them before, it's a shame that's all totally forgotten now.

Just read your posts- will look into PWA a bit more. Thanks.

Ok from first read it looks like we only need his agreement if what we're building within 3m of his property will involve excavating deeper than his existing foundations. As our extension is only single storey I very much doubt this would be the case. We do still need to serve notice but we don't need him to sign anything.
I suspect that any solicitor he approached would tell him not to waste his money on pursuing this. We're well within permitted development rules, have planning permission, aren't touching any part of his building.
There will be a survey done which mentions checking existing foundations and masonry and I will find out if they are able to take pictures/vouch for the state of brickwork on his side.
I suppose there's always a risk of damage to adjoining property with any build, but him agreeing to the build wouldn't reduce this risk. I'm willing to take the chance that he won't try and sue us for imaginary damage.
I want to tell him that we're going to move out and rent this house to the nosiest tenants we can find! But obviously that would be petty and mean.
Will keep reading!