So our next door neighbour is going to sue us...........

[northender]

.......if we build the small single storey extension we hope to. We took some basic plans round for them to look at a few weeks ago as we wanted their agreement before we took it any further. They didn't come back to us so yesterday dh spoke to them as we wanted to move on with it. They have been to the planning dept at the council about it (we don't need planning due to the size of the ext) and taken legal advice and informed dh that if we do go ahead then they will sue us as it will adversely affect the light coming into their lounge (sueing for damages and the negative effect on their house value).

We're aware that there will be an effect but in our opinion not that great (the extension will not block any direct sunlight to them). We are seething that they have taken it that far without speaking to us at all. We can't afford to risk being faced with a bill for compensation and don't want to end up enemies with our neighbours (although I think lines were clearly drawn yeterday!). So we're faced with an architect's bill for £900 for the plans so far and will have to go back to the drawing board quite literally.

My dad's got very defensive on our behalf and is offering to pay any compo but it's not a road we want to go down. I was/am gutted as the beautiful new kitchen diner I was imagining is not going to be a reality.

Are we right in thinking that they wouldn't have the same comeback against a conservatory as, being glass it would not affect their light detrimentally?

Sorry this is a snapshot of my thoughts so is a bit mixed up/stilted. Thanks for reading. Any constructive comments/advice, similar experiences would be much appreciated.

I'd get your own legal advice or speak to the council yourself to find out where you stand legally before worrying further. If you don't need planning permission, I can't see how they can sue you, it doesn't make sense.
I've no similar experience though so this is just my gut reaction.

Could you get local authority consent anyway? Or advice from a local planning officer?

It would cost them a lot of money to sue, so either it's an empty threat or the extension really will impinge and devalue their property.

My neighbour complained about a 2 storey extension & the end result was repositioning of the window to the side, so not over-looking her property, and she now admits that the extension now gives her greater privacy than before.

Take serious professional advice before you listen to their own threats.

there will be a strict guideline / law about rights to light, and if it isn't on their side, they can't sue you.

I'm no expert - but i would be siurprised if something which didn't block direct sunlight infringes on any right to light.

I'm not sure who is the best person to start with over rights to light - but don't give up on this before you have done your own research and taken legal ond other professional advice of your own.

And if you find that they DO have rights and that your building would infringe them, DON'T go ahead - you couldn't be sure how much you were letting yoursel in for - and their legal fees, complications with future sales of your house etc etc.

many sympathies

SOOOOOO much of this kind of kerfuffle is based on pure jealousy

no useful advice as I don't know about UK laws in this field

best of luck though

I don't think they can stop you if you are doing this under your permitted development rights (I assume that's why you don't need planning). Unless you need a party wall agreement?

I imagine you need a planning consultant or surveyor to guide you through this but my guess is they are making empty threats. I'm not entirely sure there is a 'right to light' as such. Try looking on the Homebuilding and Renovation website (can't remember URL but it's the website of the magazine of that title).

In any case, if your extension needs no planning permission (presumably it is small enough to be within your permitted development - it is worth double checking this with your council), and there are no legal rights to light, then even if your extension does, unfortunately, de-value the price of her property, she can do nothing about that. Objections to planning applications are made all the time because it would undermine the glorious siloation of a propety or make it less desirable in some way, but the truth is that if it's allowed within the 'UDP', eligible for planning consent etc, then it's just tough luck - no room in planning law for 'nimbyism'.

Might make tense relationships with your neighbour, but that's another issue.

I know you don't need planning permission - but if there is opposition why not apply for it (usually about £250) then they can't sue you for anything

Apparently even if we had planning consent they could sue through common law as their patio doors have been in place for more than 20 years . dh has done a search on the internet and says it looks like they are correct. I can get free legal advice through my union so will definitely do that.

I think there may be an element of sour grapes in it as it is what they wanted to do to their house when they first moved here but the people who were in our house then stopped them. I feel like it's a bit of "we couldn't do it so we're not going to let you"

I'm just glad dh dealt with them yesterday as I don't think I'd have been as calm.

i think its scary to approach a neighbour and say we don't want you do this building work. i don't think it is your right to decide that the effect is not great because it won't block direct sunlight. direct sunlight is not all light. i don't think you have the right to get up in arms about it. you want to change your house for your benefit not theirs go back to yoru architects and ask them to rework it

I may be wrong but I didnt think that there was any "right" to light anymore, also is it actually possible for them to sue if planning permission is not required. Our next door neighbours have built a conservatory with one solid wall (next to ours). This has resulted in our conservatory receiving no sunlight at all. we are not very happy about this but have just had to accept it.

look here
and Google 'rights to light' (uk sites only) for lots of relevant info.

This one implies that a right to light is the light which enters a building only (i.e not gardens)- and then not all the light that does so. Would your extension block light shining into one of thier windows?

Also - has light entered their building through those windows for 20 years? (if they have a new or recent build, it sounds as if they haven't a leg to stand on).

afaik, your neighbours (and you) have a right to light but not 100% of your light. You need to take effective, specialist legal advice.

sorry - x-posted.

yes, it does seem correct that right to light is a totally different kettle of fish to planning consent and theoretically they could have rights to light even if you can build without planing permission

But would it stop light through their patio doors at a level not allowed?

We are having an extension done at the mo and we did the same as you , asking the neighbours as we were concerened not to block their light. Unlike your situation they were fine with it although they wanted a pary wall survey which we happily did as they were concerned about the effect of possible subsidance from our foundations.

However if they had said no we would not have had the work done.

Thank you all for your advice so far. We will get legal advice.

mud, I appreciate your points and I do see their point of view, however they haven't helped themselves by how they've gone about things. We've always got on fine with them and dh approached them at a very early stage in our plans. If only they'd come to us then and said "How set are you on these plans because we have a real problem with them" and then taken it further if we didn't budge. ffs we hadn't spoken to the planning dept.

That was exactly our position smartie, it is they who have ratcheted everything up a level.

Thanks for that link blu.

Having had a better look at the info on that link, I think we will extend our current kitchen in a different way and then put in a conservatory in the space that was going to be the extension. Seems a conservatory would be OK as the light would not be an issue.

Still about them going to council, solicitor etc but not the end of the world! Having said that, don't think they'll be on the invite list if we have a Christmas party.