How long to you have to complain about neighbours extension ruining your privacy?

[passthehobnobsplease]

Just that really. Is there a deadline for complaining to the council about buildings works that neighbours have done?
My neighbours did work about 14 months ago and I've always hated the way it has overlooked my privacy but didn't think there was much I could do. Family have recently told me that I should complain.

Is it within permitted development? You can check planning laws. Can you draw an outline of it with windows and your property.

Yes, was it something that required planning permission or not?

I don’t believe that there’s a time limit. One factor to consider is the 45 degree rule. If your neighbour’s extension breaches it you might have a case.

‘One of the most crucial regulations to keep in mind is the 45-degree rule. This planning rule stipulates that any extension to the rear, front, or side of a property must be set within a 45-degree line drawn from the nearest edge of the neighbouring windows.’

Others have already mentioned "permitted development" - if it has been built in accordance with those rules, then it's legal. Likewise if build in accordance with a successful planning application. If they've just thrown it up ignoring permitted development, which is pretty unlikely if they've hired competent builders, then you have more of a case to complain to the council.

If it had planning permission and has been built in accordance with the approved plans
Or
It was built under the permitted development regs and has met all the requirements

Then there is nothing you can complain about. It is an authorised structure.

If it is different from approved plans you can report to the planning enforcement team. Unauthorised built development can be enforced against for 4 years.

Hi OP planning solicitor here 👋. The enforcement period has been raised to 10 years now since the introduction of the Levelling Up and Regeneration Act.

You can find out if there was a planning permission by going on the planning portal of the Council's website, however as an immediate neighbour you should have been notified so you could comment on the application. Any development built under permission is required to be built in accordance with the plans submitted, so if it hasn't the Council will able to enforce.

If the extension falls under PD, you can still get the Council to investigate by calling the planning enforcement team. They will assess the plans and the development itself and if it falls within PD, if not they will be asked to submit a planning application, and failure to do so can mean enforcement action.

If the planning side is all above board your next course of action would be to speak with a property litigation solicitor.

Good luck.

Can you provide more detail on how the extension is affecting your privacy and what rules you think might have been breached? Even if you are right, it may be that there are other steps you could take, such as additional planting, before entering into a potentially acrimonious dispute with the neighbours.

@PhamieGowsSong I didn't think the secondary legislation enacting the change to 10 years had been made yet?

Thank you to everyone that has replied, it's so helpful. So it's a loft conversion with a Juliet balcony facing towards our house and directly overlooking our garden / back of our house. The gardens are small so it feels very claustrophobic and such an invasion of privacy.

Did it have planning permission? That is crucial to any advice.

Our loft conversion came under permitted development and yes, it does give us a very good view of all of the gardens around and sometimes into the back of people's houses. I don't think there's anything you can do about it tbh.

It's impossible to know that without knowing more about the OP's garden layout etc

Balconies usually require pp. Did they apply, have it granted, build according to plans? Did you object at the time? Council can take enforcement action if not as agreed or within pd.

Juliet balconies usually don't need pp as you can't stand on them like normal balconies.

@LIZS , a Juliet balcony might be different as you can't sit out on it.

OP, at my new place the garden is overlooked by a loft conversion, although it was converted years ago so the rules might have changed. I know the neighbours and it is used as a bedroom, so I'm not too bothered, although it's not a small garden, which helps. I think a bedroom is less of an issue as there is unlikely to be anyone looking at you for long periods.