Building an extension next to neighbours conservatory

[maggie45]

We are in the process of seeking planning permission for a kitchen extension.
Our neighbour has a conservatory on their side of the boundary, approx 15cm away from our boundary, but with frosted glass on the side that faces our garden. There is currently a 6ft fence in between us and their conservatory, which I think they're already annoyed about as it blocks the light into the conservatory from our side, (this was put there before we moved in as the previous owners of our property wanted full privacy from them).

I think the conservatory is 30+ years old and built before the current owners bought the property.

My question is, can we build right up to the boundary, therefore in theory blocking their access to this side of their conservatory to make any repairs?
Has anyone also come up against this in terms of right to light? Even though it is on their boundary, their windows still face our side so we'd always want to have a 6ft+ fence for privacy.
Are they allowed to have frosted glass facing our boundary? Would they have any rights about these windows?

We've spoken to them about it and they've said they are concerned about their right to light and their access for repairs (which they've never needed the whole time we've been neighbours).

Thanks

You can build up to the boundary but you’d potentially need planning and definitely a party wall agreement if you’re building foundations. Your neighbour would need to consent to the party wall agreement and I imagine that if there’s no way for them to repair a whole side of their conservatory this might be a problem. What are you expecting them to do if a dead rat gets stuck down the gap or a pane of glass smashes? It doesn’t sound like a very good idea.

Why would you even want to block their right to make repairs? What a bad thing to do OP

Also think about the shape of your extension roof and any gutters that will be on that side as they will need to overhang your garden, not the neighbours airspace.

Right to light only counts if it’s the only window in a room which is getting built up against which I guess won’t be the case here. Or at least that was the case locally two years ago.

It will mean no access to the outside of your extension as well, might be a problem if you need repairs in future eg to guttering, edge of roof.

Can't comment about building on the boundary or their rights to access. I'd assume they have no rights to access YOUR property to repair something in their garden!

I've been involved in and listening to an interesting public inquiry. One factor was the light in surrounding properties (one of which is mine!) and how it might impact and be reduced by this new property. Apparently, the light levels within a kitchen and lounge are weighed more heavily than say a bedroom. No idea about a conservatory, but assume it might be even lower on their scale of priority of living space.

There were many percentages quoted, and what the reduction of light would be if the build went ahead. Assuming their conservatory has other windows and a glass roof, I cannot think that:
A) it would reduce the overall light levels to an unacceptable level, esp if that side is already of obscured glass
B) it would pull much weight, even if contested, as its not a lounge or kitchen!

We don’t want to block it we are just wondering what the rules are in terms of how close we can be if they’re already very close to the boundary.

We imagine we will leave a big enough gap and keep the 6ft fence in between so that a panel can be removed by either side should repairs need to be done.

Our old neighbours had a conservatory very close to the boundary line and used to come round and remove a fence panel to clean that side of it. They always asked and it was never really an issue but we chickened out of extending up to/close to the boundary on that side for that reason.

In hindsight I'm not unhappy about the extension we ended up doing because the space worked well but I'm still irritated with myself for the reasons we chose not to do it. To my mind (now) if you build/have a building close to the boundary line yourselves, it's pretty hard to claim any moral high ground and object to your neighbours doing the same. Even if we had not extended, what if we had wanted our own conservatory in the same position on our plot? Surely we're a bit beyond first in best dressed as a way of deciding who gets to put what where.

I believe I'm right in saying you can't object to a party wall notice, only insist on your own surveyor so if planning is approved they can't stop you. But (and I'm hazy on this, so happy to be corrected), I don't think they have to allow you access to their garden to build your extension so you might have to build the wall on that side from within your extension with all the associated issues in terms of finish. You do also need to bear in mind any access in the future for maintenance. I think (again, disclaimer here!) they do have to allow access for maintenance but it can be a ball ache if they're already pissed off at you and of course there has to be a physical way of doing the maintenance, if no one can squeeze in the gap between the conservatory and your extension there isn't going to be any maintenance!

@furstivetreats thank you for your reply! The whole time we’ve lived here they’ve never once asked for access to clean / repair that side. I think it’s likely we will leave a 10cm gap from the boundary(just enough to get a fence post in there) so that a fence panel can be removed should either side need access for repairs, and that way they’re not looking straight into a brick wall. I think it’s the only fair and reasonable compromise.
Chances are if that house was sold their conservatory would be ripped out and replaced with an extension anyway which is the bit that frustrates us but what can we do

I don't think right to light fully applies in the way it used to - I think the old rules expired a couple of years ago.

Hopefully this article might help?

www.conservatoryonlineprices.co.uk/conservatory-planning-permission/

Your gap is 10cm, there’s 15cm... so total space between conservatory and extension is 25cm? How could you clean gutters (or replace anything) with that small a gap? You’d probably be allowed to do it, but it doesn’t seem very practical.

Our neigbours built a conservatory almost on the boundary without mentioning they were going to beforehand.
Bit annoying. But it was legal, and not really a problem.
When we built ours later on, we set it back enough on our side so we and our (by then new) neighbours could get a set of ladders between the two conservatories to clear out gutters, and get to the main house gutters to clean out and do any repairs. We agreed not to have a fence between to make it easier for us both to get at the space; we started the fence a little beyond the conservatories. Put down limestone gravel to keep weeds down. Worked fine. But we had good neighbours.

If you're only planning a ground floor extension, check out permitted development rights - it's pretty clear what you can do without even applying for permission - or, at most, applying for a 'large home extension' provided you meet certain guidelines. This doesn't mean you don't still need to look at a party wall agreement when you actually do the extension mind you.

We had a conservatory next to a 7ft breeze block neighbouring wall at our old property. When built we left access to clean. We also asked that rather than frosted glass on that wall we had mirror glass. It reflected the light around the room and the garden and looked much much nicer than frosted glass with a grey wall behind it.

How will you build if you’re only leaving a 10cm gap. If you build overhand it will look awful but unless you have incredibly skinny builders..

Why should you leave your garden side free for them to access their extension? If their glass breaks they repair it from the inside.
Do your extension how you want, prepare for them to turn down the party wall but all that means is you have to factor in paying for someone to represent their interests and it will likely still go ahead anyway. Enjoy your extension.

I often wondered why people don't do a joint build, when houses are close together.
We built an extension, told our neighbours and they applied as well. We got one builder in shared all the costs and saved 10k.

Our neighbour built an office in their garden right up to the boundary wall. Both we and the builders told them at the time they should leave more of a gap for maintenance but he chose to ignore that and now can’t access the side or back of his office, even to clear his guttering. Shrug.

Building that close is a bit of a knobs trick. You're nigh on asking for damp issues by leaving a such a small space between the buildings.

Did you ever do the extension? I'm considering buying a house with potential future extension but the neighbours have built from what I can see on the line the gutter looks like it comes over zero privacy. The house is currently empty so not sure if they removed the panels for light.

I wouldn’t consider that house. They may be a*seholes, or just ignorant, but either way doing a conservatory like that is not normal.

Looks like there roof is trespass. Run a mile unless the current sellers sort it.