Neighbour needs to take down our fence to build extension

[roweeena]

Please help wise mumsnet terms as I am confused.

I have just had the builders come round from next door, they are building an extension on the back of next doors house and they have just told us that they will need to remove 2.6m section of our fence to do this. They have offered to put the fence back after or to just start the fence again at the building edge - we told them we would want the fence put back.

Now I have I sat and thought about it though I am a but confused. We moved in as neighbours only in June but haven't been informed of any planning applications and I can't see anything on the council website. Also wouldn't they need a party wall agreement from us to do this - or am I wrong?

WWYD - I feel a bit uncomfortable agreeing to something when I haven't really had proper time to consider it. At least it is only one storey though.

Help I'm confused

If they put the fence back then the new wall won't be attached to your property though

So no need for party wall survey ?

It probably falls within permitted development and you don't need planning just building regs for it

I'd also be checking with them exactly where the edge of the building will lie - will it be on the boundary (in which case will there be guttering or roof or windows opening onto your garden and therefore technically in your space...)

Or will it be a little bit (and if so how much) away from the boundary line - so that then means the fence is away from the boundary and there's a little bit between you and them and then who gets to look after it to ensure that it doesn't get full of weeds or bugs or whatever if it's such a small strip - neither of you are going to be able to access it potentially (depends on the design of the fence).

Also - is it going to be a new fence or will it be the old panels put back (and if so how are they going to be storing them so they don't rot?). I'd definitely be pushing for a new fence.

On a side note - are you thinking of doing an extension at all that would back on to where they are building? If you are then might be worth at least considering it now, as it would make it much easier to build the two together!

I'm sure there are probably other things you ought to be asking too - sorry not sure what though!

Party wall act guidance here

builders have a habit of saying it will only be for a few days

It never is

They have a habit of saying they will not do any damage

They always do.

They have a habit of taking advantage of people and stretching what was agreed.

After you have been given assurances and made up your mind what you are willing to permit (if anything) write it down and take it to your neighbours. Read it out "you say it will be for two weeks" "you will repair any damage." Confirm that they are not allowed to store tools or materials on your land or treat it as a walkway or working area. Explain that if they do not keep to the terms agreed you will withdraw your permission.

If they start to back down on their assurances ask them to clarify what they are now saying and say you will have to go away and think about it before agreeing.

Ask them to sign it and then hand over your permission, for two weeks only starting on date X and provide photos of the garden before they started.

If they aren't able to say what they will do or how long it will take, smile pleasantly, and say you obviously can't agree to an open-ended unlimited request.

If it needs a party wall agreement you must say so and get it in place before work starts.

Don't let them do it. Follow Pigletjohns advice.

I foolishly did, they built over the land on my side stole my land past where the fence was, they have their roof and guttering over my land, their cooking is vented into my land, the builders didn't put anything back as it was. They made all kind of promises verbally never followed through in the promises they made. They also built higher than they had planning for. I was going through a hard time in my personal life at the time, the husband was shouty and scary the wife was a liar and a charmer, I was on my own, they took advantage.

I've just had an extension built and had to most lovely builders ever but the garden was still trashed because of the nature of builders walking all the way round the build itself (no neighbour issues as we are detached)

Several issues for you, firstly where is the build line going to be?
Take photos now of your fence position
If you refuse to have your fence removed for them to build the wall they have to do hand over brick which means that the wall will look awful from your side as they cannot point the brickwork.

I would want anything agreed with the builder in writing but signed by your neighbour so that they make sure the builder does what he says he will.

There is a chance they are building within permitted development but I would still ring the council to check. I live on an estate where we have had our permitted development rights removed so everything has to be done with planning permission.

I've just gone through permitted development neighbour consultation for our extension (starting tomorrow!) and although we didn't need planning permission we did have to notify the council as it's over 3m length. Theirs must be under 3m if the council aren't aware. They'll still need building regs.

Agree that you need to talk to them. It's not exactly nice neighbourly behaviour to start building work without at least telling your neighbours about it! Pop round for an informal chat to find out what the hell they're up to and ask them as you might consider something similar even if that's a lie and "naively" ask about permitted development and party walls.

Details here and [[
www.planningportal.gov.uk/permission/responsibilities/planningpermission/permitted here]]

What everyone else says, plus, find out from them how your boundary will be secured while the work is taking place.

We were burgled at our last house while the neighbours had their fence down to complete building work. They lived in the end terrace, so their garden was open from both sides.

The burglar actually stole scaffolding from the neighbour's site to get in through an upstairs window. I'm sure mine is an unusual case, but I was terrified the insurance would refuse to pay out due to insecure boundaries.

Ok folks just had their builder back round. It doesn't need planning permission as less than 3m and one storey. He started off saying that he would have to move the fence as he would be building up to the boundary but then I said I wouldn't give permission and he has now agreed to removing the fence and placing back in exactly the same permission. (Not sure how much I trust him though)

The annoying thing is that he wants to start work tomorrow!

I advised that I would need written signed agreement to what he has stated and that I would be able to get the documentation to him by Tuesday (my sister is a solicitor so i will ask her to write it in scary solicitor speak) and he got a bit arsey and said that he needs to start tomorrow as he has ordered a digger.

Anyway we agreed that he will not start work until I have signed agreement - tempted to stay in tomorrow morning to check that my fence doesn't come down (although looking after a toddler all day so I would much prefer to get out of the house with him!)

sounds like it will be worth one day stuck in the house to prevent a potential nightmare!

Well done!

(whose fault is it that he ordered a digger without having permission?)