Neighbours want to adjust exterior of our property

[leavethewallalone]

We have lived in our house for coming up 8 years now. 2 years ago new people moved in next door just before lockdown. We don't have much to do with them other than saying hi when they moved in and taking in parcels for them but they seem ok.

We live in terraced houses but each house has a single storey bit at the back that is detached. They're a kind of weird shape in how they are built because they are 70 years old, think a kind of wonky L shape. The wall of our extended bit sits very close to the boundary and as a result there is some overhang of soffits. This has always been the case and some of the neighbouring properties are the same.

Last week we had a planning letter come through our door. They plan to extend their little detached bit in both directions up to the boundary (single storey). I'm a bit shocked that they didn't speak to us before putting in planning permission, I know you don't have to but a heads up would have been good.
We popped round just to ask what their plans were, how long they thought the work might take as we both WFH so this would really impact us. It would also means gardens were not secure for a time period and we have children and a dog so this wouldn't be ideal, but is what it is. They talked us through their plans and I pointed out that the work they needed to do would mean altering our property as our exterior is currently in the way of where they want theirs to go. They just said "yes" without anything else. I tried to remain polite and asked why they hadn't spoken to us about this before putting in planning permission as this was not just proposed work to their property, but now ours. They shrugged and said ours shouldn't be built the way it is but they'd cover the cost for us. I pointed out that every property here is like it and if they wanted to extend they probably shouldn't have moved in to a house where there are boundary issues that have been known for 70 years.

We've had some back and forth with them offering nothing in the way of a you scratch my back, I'll scratch yours agreement, and just feel that we should let them do it. I've now said absolutely not.

I've spoken to the old neighbours who we are still in touch with and asked if they ever had any problems with the boundary. They said no but they did have to take out insurance that covered this in case our property ever damaged their garden etc. We have had to do the same because we have the same on the other side so this make sense.

I've gone through the deeds and any paperwork that I have regarding disputes, I even have really old building documents. No issues raised at any point in 70 years of this house being as it is.

AIBU or should neighbours move elsewhere if they're desperate to extend?

The house on the other side of them is empty so I have no idea what they're doing about that side.

Surely they can't touch your property without permission?

Object and state clearly why you're objecting.

Don't worry about it.

In what way would you like your back scratched? What do you think they should be suggesting?

It would need a party wall agreement but no they cannot work on your property without permission. However be careful in your objection as that alone is not an issue for the planners or grounds to object. All the plans should be online.

I would submit an objection with all the reasons you object.

Have they organised a party wall survey / agreement? If it tell them you insist on it.

I would also go on the planning portal and comment that you object to these plans has they encroach on your property and would require work done to your property which you don’t agree to so new plans are required that don’t go up to the boundary.

Isn’t it to your benefit to let them do this? The situation is your property could damage a others and to the extent that you may need indemnity insurance as the cost to fix it is high,

they are offering to do this, why would you say no?

Well I don’t think they needed to come around and discuss plans with you proactively, that is what the notification in the planning process is for.

But I don’t really understand the bit about them altering your property, how can anyone put in a planning request to adjust somebody else’s property. Doesn’t make sense to me.

Do you mean that they are planning to build their extension using your wall? That’s very common in terraced houses as it makes best use of the space, but it will need a party wall agreement.

What’s the problem with them making the adjustment they need to your property if they’re going to pay for it?

Apart from the inconvenience of having an extension built next to you which is just a normal temporary neighbour issue, what difference would it make to your property?

If your properly overhangs their boundary, surely they are within their rights to remove it?

Can we have a diagram?

They can’t touch your property without your permission, that’s what the Party Wall agreement is for, but that is for further down the line.

For now, list out your objections to the council and be sure to send registered post, if writing, take screen shots if it’s on line and don’t leave it until the last minute.

The building notice will tell you the deadline objections have to be in by. Be sure to mention that no other property has done this and approval sets dangerous precedent for the similar properties which would alter the look of the original style of the houses etc etc.
Councils will not refuse planning permission just due to noise and inconvenience so do your research here, will it affect light or reasonable enjoyment of your property for example?

If it does get approved, when it comes to the Party Wall agreement, you have the right to insist on your own Party Wall Surveyor, which your neighbours will have to pay for. The surveyor will negotiate on your behalf to ensure the plans are satisfactory to you both.

You can’t stop your neighbours from doing their building work, if it’s is approved, but they absolutely cannot start until you have signed the Party Wall agreement.

Are you against the change taking place or is it more you don't like the way they went about it?

YABU for not providing a detailed diagram!

I’d have been jumping for joy if I was you op. You’ve a problem and they will pay to fix it. Result.

We definitely need a diagram

I've spoken to the planning and building regs departments. Both have said that our concerns won't influence the planning decision but would fall under the party wall act which would need to happen after they have got planning permission.

For now I have given a formal letter neighbours stating clearly that we do not give them permission to modify our property.

In terms of difference to our property, they want to adjust our soffits and roof, so we will lose about 3ft of roof space and also affect the appearance of our property as it would then be asymmetrical. A friend is an estate agent and has informed us that this could effect the value of our property. This would also effect our ability to extend outwards slightly on the upper level if we ever wanted to, which we have toyed with to create an extra small room (another house a few down has just done this).

We had the roof redone a few years ago after a huge storm so I'm not keen on the idea of anyone now messing with this.

Are you against the change taking place or is it more you don't like the way they went about it?

Both. Because of the way they have gone about this, I don't know if I trust them to remain accountable should anything go wrong.

@leavethewallalone

Do you mean build their extension up to yours and join up in a party wall? So you are concerned they are going to remove your soffits?

It would also means gardens were not secure for a time period and we have children and a dog so this wouldn't be ideal

Does the wall/fence they want to remove belong to you or them? Unless it's inside their boundary they will need to secure the garden while the work is happening.

In what way would you like your back scratched? What do you think they should be suggesting?

"Is there any work you might like doing to your exterior whilst we're chopping off some of your house for our gain? Your back fences have seen better days, we could replace those for you as the garden isn't going to be secure anyway?"

Sorry, cross post above, much clearer now.

You seem to be very annoyed by this. Is it the snub that they didn’t discuss it with you that is bothering you?

Has the architect picked up on the detail at the overhang for your property? I presume what they are proposing to do is to put a flashing detail onto your roof and then carry on up with their new wall. Where is your gutter currently, will the change affect how your roof is drained? These are the sorts of things I would be interested in sorting out. I wouldn’t be bothered about anything else.

I think you will find whomever built your property did you no favours with that overhang. Overhanging into the neighbours property doesn’t prevent them from doing work on their side of the boundary. These issues arise all the time and it is not as clear cut for you as you think. That will come down to the planning decision so definitely put in an objection now if you are looking for changes.

Your strongest objection is that it is not in keeping with other properties in the area, in terms of roofline and adjoining wall,are you in a Conservation Area or AONB? Ownership is not a planning issue but you could say you would not agree to adjusting your roofline which is integral to the proposed design and suggest it needs redrafting with that in mind. You may need to accept that the guttering, soffits etc will need adjusting though, presumably that was done as part of your roof works.

Even if they are granted planning permission they can't touch your property without your permission