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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:
StaunchMomma · 14/06/2022 13:30

As far as I'm aware they are not allowed to build anything with run off into someone else's land, or that overhangs.

Take photos and get straight onto the planning department, OP. I think they'll make them move it or at lease change the roof to flat.

ColadhSamh · 14/06/2022 13:45

dearhummingbirds · 14/06/2022 12:31

I’m a planning officer.

I would advise/ask the following…

Is the garage the same size/location as that which was granted planning permission with the houses? I assume not, if it’s hanging over the boundary.

If no: An outbuilding within 2 metres of a neighbouring boundary should not exceed more than 2.5 in height if it’s to be constructed under Permitted Development (without planning permission). Looking at the fence, I assume it’s closer to 4m in height. It appears that planning permission would therefore be required.

I would contact your planning enforcement team at your local council.

You may also wish to contact Building Control, as it could fail building regs depending on the size of the garage.

There's your answer. Pick up the phone this afternoon and get the ball rolling.

Lou197 · 14/06/2022 13:58

Contact your planning department at the council immediately. They will advise and probably ask your neighbour to cease work while they investigate. It is too close the boundary and definately should not overhang your fence. Good luck x

toooldtocarewhoknows · 14/06/2022 14:36

It doesn't look like building control have been involved. I know positioning is technically planning but there isn't a building control officer that would let this be built without gutters. This is what you'll be left with because it's not 1 meter away from the boundary and it overhangs.

Get onto the planning team but also the building control team at the local council. I'd be picking up the phone about now.....

You'll need to ask for help on this. I expect once the council realise they will send someone out and ask them to stop works.

Ultimately this structure will need to be demolished and repositioned. Otherwise it will devalue your property.

This is why there are clear published guidelines for buildings.

Bumtum126 · 14/06/2022 14:49

Ultimately this structure will need to be demolished and repositioned. Otherwise it will devalue your property.

Enforced by who ? I'd wager planning will not enforce demolishing it over a minor over hang. The fence line might not even be the actual boundary. Planning nor BC will get into that .

Collaborate · 14/06/2022 15:35

I am sure you know they are not allowed to do that.

Tell them now. Also they must ensure that the guttering is on their side of the boundary.

The water run off from the roof should not fall on to any part of the boundary.

Daftasabroom · 14/06/2022 18:15

@airspaceissue also the footings/foundations will be wider than the wall so it will already be on your land.

MrMrsJones · 14/06/2022 18:28

Shocking CF

SausageAndCash · 14/06/2022 18:34

Collaborate · 14/06/2022 15:35

I am sure you know they are not allowed to do that.

Tell them now. Also they must ensure that the guttering is on their side of the boundary.

The water run off from the roof should not fall on to any part of the boundary.

OP: Collaborate is a lawyer.

Get this sorted with confidence and right on your side.

BornBlonde · 16/06/2022 22:21

Wow! Agree with advice here re threaten legal action
If not immediately rectified contact the council

SolasAnla · 17/06/2022 09:21

Worry about the foundation too
If the wall is built up against the fence the wall is unlikely to be on proper foundation.
I assume you would have noticed if it they dug under your fence?

If the wall fails it will fall outward into your garden.

HydraWater · 17/06/2022 09:26

Would a compromise be possible, so that the apex of the roof is rotated to be perpendicular to the wall and the guttering is fully on their side, i.e. as you look at it from their back door.

There may be other issues that I am not aware of.

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