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

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Neighbours garage practically in our garden

112 replies

airspaceissue · 14/06/2022 08:11

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?

Neighbours garage practically in our garden
Neighbours garage practically in our garden
OP posts:
PurpleWisteria · 14/06/2022 08:44

Tell them it needs to go now as you are going to add trellis to the top of your fence.

ColadhSamh · 14/06/2022 08:45

If the houses came with planning permission for garages have you checked the plans to see exactly where they were positioned? You need to stop any further work until this is sorted. Any friends surveyors?

withacherryonthetop · 14/06/2022 08:47

I would definitely get it checked but I also live in a new build and my neighbour at the backs garage overhangs into my garden. The wall of it is there instead of a fence. It’s a bit annoying because their guttering is broken and the water comes in to my garden. But I know the other side of my garage is in my other neighbours garden and takes the place of their fence one side so they have my guttering too. So it’s possible they are allowed to do this but I would check anyway to be sure of it.

TeenPlusCat · 14/06/2022 08:48

I don't suppose the developers are still elsewhere on site?

JustTheOneSwan · 14/06/2022 08:49

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.

Agree with this for the time being.
I'll never understand why people invite hassle by trying to encroach, spoiling neighbour relations for six inches.
Can they turn the roof so the eaves are both on their property?

Snagscardies · 14/06/2022 08:50

So that can't get to the wall, their side of the fence because it is too close? Even if they cut the roof to the boundary all the water will wash into your garden, but I can't see how they will cut it.

Can you show us a picture of a house with a builder built garage?

MigsandTiggs · 14/06/2022 08:58

Found this online on boundary disputes. Also can't build closer than 50mm to boundary if it's not a party wall.

Boundaries can be horizontal and vertical. It is said that the boundary to your property extends down to the centre of the earth and extends up to the sky above.
However, a land owner’s rights to all of their land including the air space above, is deemed to be that which is necessary for the ordinary use and enjoyment of their land and statutes exist to allow aircraft for example, to fly in the air space above land.

BeggarsMeddle · 14/06/2022 09:03

I believe (feel v certain) there are rules about how close a shed or garage structure can be built adjacent to a boundary if it's height exceeds x amount. Can't remember the details but look at the planning portal for org dot uk site.

Do you know for certain that they got planning permission? You can look on your local authority's website. Or, if they applied for permitted development confirmation from the council, they would normally have to comply with the restrictions such as position in relation to boundaries/building height.

pushingpoppies · 14/06/2022 09:03

That is too close! Either you will have gutters or water running off onto your garden but it's directly affecting you. Definitely raise this asap to whoever is relevant!

Hallyup89 · 14/06/2022 09:12

LIZS · 14/06/2022 08:38

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

Of course it would. Future buyers wouldn't know differently but the house would no doubt be valued at less than an identical one with no overhanging structure.

I absolutely wouldn't be happy with that. They need to rebuild it further away.

Clevs · 14/06/2022 09:19

You'd never be able to get the fence panels out when they need replacing with it like that!

Sunflower987 · 14/06/2022 09:21

We built a garden room in our garden and it had to be within a certain amount of our fence, nothing overhangs into next door and we can walk the whole way around it in order to do any maintenance to it.
I wouldn't be happy if I were you and would tell them so, It should never overhang into your garden.

Attwoodsladyfriend · 14/06/2022 09:24

Wow that’s taking the absolute piss.

Clymene · 14/06/2022 09:25

So you've got naked breeze blocks to look at? And everything is so close you can't even put trellis up to screen them?

Fuck that. I would absolutely contact the developer because I'm pretty sure planning permission for a garage isn't planning permission anywhere they choose to build.

And if they have to take it down, tough shit. Let's face it, they've already ruined good neighbour relations.

PurpleButterflyWings · 14/06/2022 09:34

OMG that's an absolute joke! Shock How could anyone think this was OK? As a pp said, they're taking the piss. You do need to tell them to stop now, as you're not happy with how it overhangs your garden, and you need to consult a solicitor. Fuck it if they're offended, they don't care about offending you.

It's ludicrous really. How the hell are they going to access the side of the garage that's slammed against your fence? Confused

Tirediam · 14/06/2022 09:36

F that! That’s in your garden. They’ll need to come into your garden if repairs are needed/guttering issues. Nope! Tell them to stop, whilst you look into if they can actually do it.

PurpleButterflyWings · 14/06/2022 09:39

BeggarsMeddle · 14/06/2022 09:03

I believe (feel v certain) there are rules about how close a shed or garage structure can be built adjacent to a boundary if it's height exceeds x amount. Can't remember the details but look at the planning portal for org dot uk site.

Do you know for certain that they got planning permission? You can look on your local authority's website. Or, if they applied for permitted development confirmation from the council, they would normally have to comply with the restrictions such as position in relation to boundaries/building height.

In addition to the rules/law, sheer common sense should prevail too. What kind of idiot DOES that? Confused

airspaceissue · 14/06/2022 09:41

That's a good point I've been thinking get it sorted now before they render it, but how can they render the bit that's half an inch off my fence?

OP posts:
Littlebirdyouaresosweet · 14/06/2022 09:41

Send them an invoice for the rental of the inches of your garden.

Caughtshort · 14/06/2022 09:42

JustTheOneSwan · 14/06/2022 08:49

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.

Agree with this for the time being.
I'll never understand why people invite hassle by trying to encroach, spoiling neighbour relations for six inches.
Can they turn the roof so the eaves are both on their property?

We have a small extension. It had to be completely within our boundary and the roof placed so that the guttering is completely over our garden. So the roof slopes back to front, not side to side IYSWIM.

SenoritaNaturista · 14/06/2022 09:45

OP, you can go on to your local authority planning portal register online and search for the relevant planning application for that and any other property….it will show the approved position and other relevant stuff - then you can take it from there, speak to the planning officer re infringement, solicitors letter etc.

also maybe from a builders merchant, some temporary plastic netting with metal posts along your boundary line (like builders might use?) to prevent access on to your land?

Summerwetordry · 14/06/2022 09:47

Definitely illegal. Contact local authority planning department as a matter of urgency and the developers. Your garden will be waterlogged by the run off from the roof.

Jessbow · 14/06/2022 09:48

Talk to them now, they could possiblyrotate the roof by quarter turn without too much agro if the did it at this stage

maturestudent74 · 14/06/2022 09:54

I would not be happy with that at all! The second image shows quite clearly the over hang! As others said. Get some advice x

MandyMotherOfBrian · 14/06/2022 09:54

Are they leaving it as breeze blocks? If not, how are they getting to the side wall to render it (or whatever they’re doing) there’s no space between it and your fence.