Neighbours garage practically in our garden

[airspaceissue]

Next door have just built their own garage and it's an inch away from our fence. The roof overhangs our garden and I'm not really happy about it. We didn't realise how close they were building to our fence until they got it to a level we could see and now they obviously aren't going to knock it down and start again. My partner has spoken to them once and they've said they roof won't come that far out they'll cut the wooden bits back - but there's no way they'll cut it back enough to not overhang at all? Their guttering will essentially be in our garden? I'm worried about devaluing our property to be honest, rather than just being picky. What can we do?

won’t they need access from your side to cut it? Anyway I wouldn’t be happy with that at all OP

I assume so yes. We have a wood chipped area with a play park right by the fence and they've filled it full of rubble and not once offered to clean it up or even apologise. Not happy about any of it.

Does building a garage require planning permission?? Id contact the council with the picture, but I don't know if that's the correct route or not

That’s really not on is it. Don’t know what you can do though, unless you make them start again.

We all bought the houses with planning permission for a garage. It's a new build estate and the garage was an optional extra from the company. Our neighbours decided to not have a garage built by the builders but to do it themselves but I feel like it shouldn't be this close..

I don’t think they have the right to overhang with a new building so the gutters shouldn’t be allowed. I wouldn’t let them into my garden to finish until resolved.

If it's a new build, check the covenants around garden structures. There may be something in there that specifies where the garage can go and how it is to be built

Do they need permission if the building is so close to a boundary (even if the roof didn’t overhang your garden)

Have you asked them to remove their rubbish?

@airspaceissue it's in the wrong place, even after the rafters are trimmed the soffit, facia and gutter will still overhang your property.

metro.co.uk/2022/06/13/man-wins-532000-from-firm-who-built-basement-under-neighbours-home-16816547/

Politely ask them to cease work while you consult a solicitor.

I know they would have had planning permission to build a garage but I think they've pushed it right over close to us to get a bigger garden.

Is the fence correctly aligned? Were the plans passed showing exactly this position, how long ago? You might have an argument that a party wall agreement was required, depending how close it is to your house. Is the roof draining onto your land?

Surely the planning permission stipulates where the building will be built?

It looks as though it is actually touching the fence at one point?

IANAL but I think I recall that party wall agreements are needed where something either touches or overhangs the boundary - and that includes things like roof eaves or guttering.

I'd ben banging on the door to say this is far more intrusive than it initially appeared and that you are not willing to accept it so close to the boundary.

(They couldn't even render the wall without taking out your fence, so it possibly won't even be waterproof on that side).

Having planning doesn’t mean you can plonk your permitted works wherever you like. Have a word with your planning department, OP.

@airspaceissue
I'm really not precious about gardens and boundaries and love good neighbourly relations, but that garage is absolutely taking the piss.
I would seek legal advice straight away.

You need to speak with the solicitor who dealt with your conveyancing when you bought your house. This needs to be dealt with properly as they are building over your property. You can't leave it, if you ever wanted to sell in the future this would be raised by potential buyers.

I would stop them now and say that it cannot overhang your property or you will have no choice but to take legal action. Make them rebuild it. It's much less work at this stage than you would think and much less work than it will be later if they carry on. If you leave them to carry on building it then you are ultimately likely to have to live with it (with compensation, at best).

If they dont stop immediately, get legal advice. Many solicitors will speak to you initially for free. You may have cover for legal expenses on your home insurance but it is slow.

It's their mistake, they won't be happy about it but the best thing to do is put your foot down now and make it clear that it cannot overhang.

Well if a tree overhangs you can chop it back....

Even if they have planning permission, that close to the boundary, they would almost certainly need building regs approval.

Anything that overhangs your garden is trespass. We have a building project where the guttering overhangs into next doors garden, but we were given permission to do so by our neighbour. They didn’t have to give it. Note that planning was approved without any checks that an agreement was in place.

They could solve the problem with a hidden gutter but it will be costly, or you could sell them six inches of your garden.

They're probably allowed to build up to the boundary but definitely not to overhang it in ANY way. You're well within your rights to complain, and get them to redesign their roofing arrangements. Get proper legal advice if you can't make them see sense without.
They need to install a boxed / inset gutter as part of the actual roof, so it doesn't overhang. A gutter is essential; if they don't include one, that part of your garden will get drenched with water running of the garage roof every time it rains so don't let them get away with not putting one on. The fence will also rot quickly if it's having water poured down it all year round.
When, in time, the fence does need replacing, the obvious thing would be to use the garage wall as part of the fencing and just erect fence as far as it. Probably the bricklaying and pointing will be awful though, because obviously the fence was in the way and prevented them from doing "your" side neatly.
i'm usually wary of complaining about neighbours' works because I don't like confrontation - but in this case I think that getting it sorted now will mean that you're avoiding future problems which could prove bigger than the overhang.

But I doubt it would devalue your property, Future buyers will know no differently and that argument carries not sway with planning.

Wow.

That's amazing.

Bet they'll need to knock it down and start again.

Exactly. I'd contact the council/planning enforcement and ask to check whether it is as per permission.

If ever there was a time to be picky, it's now and not after the fact. After a previous neighbour built a fence partly encroaching into my garden and later claiming was a mutual fence, I'm very precise on boundaries.
I would take a photo with a post, extending upwards, against my fence, showing how much the roof battens overhang my garden and ask the workmen how they intend to keep the roof/gutter from extending over my property. Why not use shorter battens in the first place?
If the workmen say that nothing's being trimmed, I'll confront the neighbours with this information, but that's me.
On second thoughts, after looking at your photos, I'll just nail a few narrow posts to my fence, extending upwards, higher than their roof so it would be unable to overhang my property. I'll remove them after their roof is finished.

Flip me! That’s a shocker. I’d send a cease and desist letter quickly whilst you get full legal advice. As it’s a new build presumably you can also go back to your builders? In your letter make it clear that they are not allowed in your garden under any circumstances and that you will view it as trespassing.

unfortunately relationships are going to be soured but they would be anyway should this proceed. They are seriously devaluing your property.