Planning permission, can they build on my property?

[TracySM]

My neighbour has just received planning permission to extend his property, it is a first floor extension that goes over the roof of my utility, we are semi-detached. This means his bedroom will tower up above my backdoor. What legal rights do I have to stop him, if any? I did note my objection with the council but they state that they do not deal with legal matters. Any help would be greatly appreciated.

How can it go over the roof of your utility?

When we had our pp, the architect had too submit plans which showed the outline of our property and how the extension remained in that boundary. Have you checked the boundary?

OP, are you saying their extension will project over the property boundary ?

Are you a freeholder OP?

Do you really mean "over the roof" of your building, or do you just mean "towering over", as in, is taller than...?

My understanding is that planning permission is completely separate from questions of land ownership - you can apply for and receive planning permission relating to land that you don't even own.

However, planning permission doesn't give you the legal right to build. It's a bit unclear from your post how exactly this affects your land, but if you're saying that the plans would involve an overhang onto your property I would go and consult a solicitor.

If it genuinely is to be built on top of your utility room then no, he cannot do that.

We have a weird boundary layout which potentially means if we did a first floor extension it could go upto the edge of our neighbours side door. Ex council outbuilding is one building but halved between the two properties so each gets access to their half from their side and the wall of the other side forms boundary.. hard to describe but pretty standard around here.

Pp is separate to legal ownership. If you are attached to each other there would need to be a party wall agreement and you can appoint a surveyor to act for you.

Thanks for all your answers, it might make it a little clearer if I were to say that at the front of the building is our utility and directly behind it is their kitchen, they have bridged the whole roof to incorporate our utility as part of their footprint. No consultation was had, the first we knew was when we received a letter from the council. My husband is convinced that we will go away one weekend only to come back and find that building has begun, could that happen? There is no flying freehold, we own the front, they own the back.Would a letter or something?? just put a stop to it?

I would go round and speak to them and ask them to clarify their plans. If they do indeed involve building on your property then tell them that you will not allow that and follow it up with a letter stating that you will take legal action and seek damages should any building work impact on your property. Then go and see a solicitor!

I think this is all civil law so it is really a matter between the two of you, the council/ police won't be interested.

What the hell? How strange for them to think they can do that! Hope you get it sorted.

Thanks everyone, I feel better now, you are right, I'll just go and ask them what their plans are and then take it from there.

Sue (are you the OP?) will you let us know what they say please? i always wonder what the thought process is when people do stuff like this!

They could apply for (and potentially get) planning permission to build over your entire plot. Wouldn't mean they could do it without buying the land off you though.
I'd be making it very clear you believe they are building over your land, and then seek legal advice.

Go and ask them how they plan to build over your property - have you legal cover in your insurance - they might help ?

I don't quite understand this - it is very unusual to get planning permission of this kind from the council. An extension that crosses a property boundary is unlikely to be any kind of permitted development, and should require the owner to seek full permission, which would mean that they would have had to consult you much earlier than this, giving you a chance to log a strong objection. It sounds like this is more complex than your question suggests, or that a horrible mistake about the boundary has occurred.

We had this issue recently - not as dramatic as was a tiny triangle of garden ( was a boundary only as the neighbour wanted to build a new wall, conflict with existing fence line built by old neighbour and land registry plans, new neighbour is very wealthy able to fight through courts, we are not and we couldn't see the bit of garden anyway).

But it is right in my experience that pp does not make rulings based on land ownership.

If the building trespasses onto your land (title deeds will help) then your remedy is a civil case for trespass. Appears they may need a party wall notice. There may also be covenants on the land (what you can and cannot do and permissions) which need to be considered.

It likely needs an expert - so I would consult a solicitor- hard to give much more advice on here as the title deeds for both and the plans need to be looked at in detail.

And also meant to add- legal cover on your house insurance? If so, use that.