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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:
PipeScatter · 14/06/2022 10:01

That's ridiculous - they should have built far enough in to allow for the overhang and guttering to be within their property.

If you don't want to speak with them directly, definitely speak to the enforcement team in your local planning department.

My argument would be that if you decided to build in the same position, you wouldn't be able to overhang in to their garden, so ultimately it's unfair.

A quick google brought this up - Link

We had this when we built a conservatory. In an ideal world I'd have wanted the brick wall to have been in line with the main house to make it neater, but when we realised it meant the guttering would overhang in to their property, we moved the build over. We've then started our fence from the edge of the conservatory, so it effectively means our neighbours have (at ground level at least) a gutter's width of extra property. We could have moved it further and put a fence all the way along, but it would have been a bugger to maintain and would probably have gathered rubbish and created damp issues so this seemed the most common sense approach.

RudsyFarmer · 14/06/2022 10:02

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?

Don’t be surprised if they cut the wood and then lift your fence panels for access. We have had next doors trades people in the garden without permission when he decided to replace the fence. I think you’re going to need to instruct a solicitor I’m afraid.

PipeScatter · 14/06/2022 10:04

RudsyFarmer · 14/06/2022 10:02

Don’t be surprised if they cut the wood and then lift your fence panels for access. We have had next doors trades people in the garden without permission when he decided to replace the fence. I think you’re going to need to instruct a solicitor I’m afraid.

Yeah, and then reattach the fence panel on the other side of the post "because it's easier" and hey presto! a bigger garden!

ponkydonkey · 14/06/2022 10:04

I just had a garden building built and it had to be 18" away from the boundary line
Call the planning office and get them to asses it! The builders should know this!

Fleur405 · 14/06/2022 10:09

They cannot lawfully overhang your boundary unless the deeds permit them to. You need to check what the planning permission/deeds allow
and if they have breached either you must take action now to stop them proceeding rather than waiting until after the fact (I am a lawyer - no way would my next door neighbours get away with this!)

ponkydonkey · 14/06/2022 10:09

Just found this online

Should be 1 metre away from boundary line

Neighbours garage practically in our garden
JenniferPlantain · 14/06/2022 10:14

They cannot have rainwater running into your garden. You need to urgently address this OP.

Rosehugger · 14/06/2022 10:14

Report it to the council planning department.

User76745333 · 14/06/2022 10:18

They can change it to a flat roof structure quite easily and so you need to point out the issues immediately and also contact the council's plannign department

Bumtum126 · 14/06/2022 10:19

ponkydonkey · 14/06/2022 10:09

Just found this online

Should be 1 metre away from boundary line

Or mostly non combustible, it's block and assuming tile so would be fine.

Chooksnroses · 14/06/2022 10:22

MigsandTiggs · 14/06/2022 08:42

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.

Lovely bit of lateral thinking!

Mummumtum · 14/06/2022 10:25

Are they going to gutter it? Otherwise all the water will run directly onto your fence.

I wouldn’t be happy, is the house builder still on site to get advice? Otherwise I’d speak to council for some guidance

Bigboysmademedoit · 14/06/2022 10:25

They won’t be able to access that side of their garage wall to plaster and/or paint it. Neighbours did this and the rain water ran into the garden/yard behind them. The people behind got fed up, built a wall and pointed the coping (?) stones on top to run the rain water straight into the unplastered wall of the garage. How do they plan to access this side for maintenance?

User76745333 · 14/06/2022 10:26

I suspect its being done under permitted development but a permitted development structure has to be 2m away from the boundary.

Bumtum126 · 14/06/2022 10:26

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.

Planning won't get involved I bet , if it built to approved plans. Speak to building control about managing rainwater. Assuming it's not an approved inspector.

PolkaDotMankini · 14/06/2022 10:30

It's much easier to sort it out now than to let them finish it and then start again. Go and tell them to stop while you talk to your solicitor.

saltnvinegarlover · 14/06/2022 10:30

Where I live we have peoples garages running along side our boundaries like this is most peoples driveway or gardens

LoveIsAFairyTale · 14/06/2022 10:31

I'd guess that it's not going to over hang when it's finished. It'll be trimmed back.

Ny bigger concern would be the gutter? Would that over hang? Yes. Are they putting one in? If they don't all the rain water will pool down your fence.

Clymene · 14/06/2022 10:33

The gutter is going to be overhanging the OP's boundary. The wall is right up against the fence.

Definitelynotgoldenchild · 14/06/2022 10:44

I'd contact the planning team at the council asap. I think it should be a metre away from your property.

ItoldyouIwastrouble · 14/06/2022 10:46

I wonder if they are planning to remove that section of fence and just fence up to the garage. By the time it's rendered there really would be no gap to the boundary line. Then, I would have thought, you would need a party wall agreement?

Abuildingwith4wallsandtmrinsid · 14/06/2022 10:49

Neighbours should change their roof structure. Build a flat roof with a slope instead for water to drain down. They can’t overhang into your boundary.

Sortilege · 14/06/2022 11:01

Oh actually that’s bad.

SausageAndCash · 14/06/2022 11:11

They have no right at all to overhang your property.

Any more than if they built the foundations on your property.

You need to get this stopped right now. Yes it will affect your resale price, impact your own ability to build up to your boundary etc. It isn’t their land, they are not allowed to overhang it. That simple.

CrotchetyQuaver · 14/06/2022 11:14

I'd speak to planning enforcement from your local council. Not sure you can do anything about the wall being so close to the boundary fence, but I would have thought they can do something about the overhanging roof. That is not on.