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New neighbours building work

240 replies

meg54 · 23/09/2021 16:14

We have new neighbours who are doing major renovation work to their "forever" home.
Their property has an existing single storey kitchen extension ( which forms the boundary of their property and ours at the side of the house, extending to 4 metres into their/our garden, front to back. This is now the boundary wall between the two properties, with our garden fence running the length of the gardens.
They applied to the council for planning permission to build directly above the kitchen extension.

We objected.

The council denied our objection.

They cannot build the extension without accessing our property - from our driveway, through our garage, down the stairs, into the garden, removing two of our fence panels.

All the materials for the build will have to use our access, as they bricked up their back kitchen door - the only access they have to the back of the house (houses built on a slope, so one floor up at the back), is a builders ladder, accessible from their living room window.

The extension will also need to be built from our boundary, as
obviously they do not want building materials dragged through their recently very expensively renovated living room.

The scaffolding has to be erected from our side, and will also obstruct our access to the garden, and the cellars, which houses the big freezer and washing machine and DH's workshop.

The more I think about it, the more I think they are CF's.

Any advice wise folk?.

OP posts:
SpiderinaWingMirror · 23/09/2021 19:33

Well that's their problem. Post in legal but I'm sure you don't have to give them access. So dont!

PoshWatchShitShoes · 23/09/2021 19:35

Another vote for saying no if they request access

donquixotedelamancha · 23/09/2021 20:11

They have no other way other than to build from our side.

That's not your problem. You don't need to let them.

The fact that the council have given planning permission doesn't create any obligation for you.

meg54 · 23/09/2021 20:32

This is not a party wall issue.

We are two (separate) semi's. They are connected to their neighbour on their left, we are connected to our neighbour on the right.

They cannot build on top of the existing extension without doing it from our property, as the extension contains their new fully fitted kitchen.

Nothing the Council, Solicitors, Builder's accessibility, opinions or anything else can alter that fact.

And I know that.

They are nice young folks, a bit naive (entitled).

However, having spent 6 months disagreeing with DH about being reasonable about accommodating their needs, (me mostly pro, him agin'). I finally was tipped over the edge last Thursday.

They broke the MUMSNET LAW.

About parking.

And the red mist descended.

I am feeling too emotional to elaborate now (and want to watch the final episode of Manhunt).

So I am not getting worked up about nothing.
There is 10 months of tension about to erupt.
In a very reasonable fashion.
Thanks for all the input.

OP posts:
CellophaneFlower · 23/09/2021 20:32

@Justajot

Anyone can apply for planning permission on any building - your neighbours could have applied to extend the house 3 doors down from them if they wanted and had that granted. As others have said, planning permission doesn't actually give the right to build to those plans.
Well of course planning permission gives you the right to build to your plans, if you own the property. Otherwise what would the point of it be Confused It won't give anybody the right to use somebody else's land... but there's always ways round this.
BasiliskStare · 23/09/2021 20:39

@meg54 - sorry if my advice was rubbish - enjoy the tv tonight

Loudestcat14 · 23/09/2021 20:46

@meg54

This is not a party wall issue.

We are two (separate) semi's. They are connected to their neighbour on their left, we are connected to our neighbour on the right.

They cannot build on top of the existing extension without doing it from our property, as the extension contains their new fully fitted kitchen.

Nothing the Council, Solicitors, Builder's accessibility, opinions or anything else can alter that fact.

And I know that.

They are nice young folks, a bit naive (entitled).

However, having spent 6 months disagreeing with DH about being reasonable about accommodating their needs, (me mostly pro, him agin'). I finally was tipped over the edge last Thursday.

They broke the MUMSNET LAW.

About parking.

And the red mist descended.

I am feeling too emotional to elaborate now (and want to watch the final episode of Manhunt).

So I am not getting worked up about nothing.
There is 10 months of tension about to erupt.
In a very reasonable fashion.
Thanks for all the input.

Does that mean you're going to tell them to get stuffed? Hurrah! Your DH has been right since day one to not allow them access.

(P.S> How good is Manhunt! Waiting for it to start too)

snowspider · 23/09/2021 21:00

There is always a work around for building, so they will work from the inside if they can't get access. Advice to neighbours in your position is to consider carefully if refusing access as you will end up with an unsightly finish to the wall you can see.

It will be more expensive, awkward and take longer but I'm sure it will be possible.

VampireBarbie · 23/09/2021 21:08

If they're building on a boundary then it is potentially a party wall issue, you don't have to share an actual wall for party wall issues.

rslsys · 23/09/2021 21:15

Not only can you apply for planning permission for a property you don't own, you can also apply for permission to demolish a property you don't own. Just saying . . .

SD1978 · 23/09/2021 21:20

So they've asked for access, and you're leaning towards saying no? As others have said, they have permission for the build, not permission to use your garden. If they've blocked off the only available access, surely that's their issue, not yours? You said you'd object, that part you lost, but surely that doesn't automatically mean they also,gain access?

meg54 · 23/09/2021 21:21

Snowspider.

This won't happen.
Their inside is already fully tiled, fitted, floored and plumbed with a brand new kitchen.

OP posts:
RockallMalinHebrides · 23/09/2021 21:30

I don’t see the problem - just tell them no access and no scaffolding. Let them work out a different way and if they can’t work it out then tough.

NeilBuchananisBanksy · 23/09/2021 21:33

I think it is a party wall issue op as it's part of a shared boundary. It doesn't need to be a shared wall.

You hold the cards here, say no. So what they have a fancy kitchen, they should have thought about that.

stormyweather274 · 23/09/2021 21:36

@meg54

Snowspider.

This won't happen.
Their inside is already fully tiled, fitted, floored and plumbed with a brand new kitchen.

Don't be a wet lettuce. Don't allow them access through your property. Every single tradesperson I've had working in or around my property has caused damage. Their fully fitted kitchen is nothing to do with you.
LIZS · 23/09/2021 21:37

When you say it would all have to go down your side access, is that exclusively yours, shared or do they have a right of way over it? Or might they over their adjoined semi's garden?

NewIdeasToday · 23/09/2021 21:42

We have building work underway in our house at the moment. And it is chaos- even though the builders are good. We have a partly dismantled kitchen in our front garden and bits of wood and plaster dust all other the back.

We are putting up with this as it’s our building work. No way would I accept this in my garden for someone else’s building work.

Just say no to access. It’s their problem not yours.

RestingPandaFace · 23/09/2021 21:42

Unless there’s something that you are missing out on your posts you are causing yourself a massive headache. Planning permission does not them the right to step foot on your land. It certainly doesn’t give them the right to carry building materials through your house.

If you saying no means that it is either completely impossible to build their extension or makes it so expensive since that they can’t afford it well then it doesn’t get built.

MadeForThis · 23/09/2021 21:42

Lack of access is their problem not yours. If they can't do it without using your property then they simply can't do it.

Just say no.

You're making it your problem. It's not. Just say no and don't discuss it again.

Disfordarkchocolate · 23/09/2021 21:46

@MadeForThis

Lack of access is their problem not yours. If they can't do it without using your property then they simply can't do it.

Just say no.

You're making it your problem. It's not. Just say no and don't discuss it again.

This would be me.

They can dismantle some of their fancy new kitchen for access.

missnevermind · 23/09/2021 22:05

I'm sorry but I seem to have totally missed this, but how do they access their own garden. To put the washing out, sit in the sun type thing.

movingonupagain · 23/09/2021 22:19

I wanna know what happens OP.

I don’t know if I’m being thick but I can’t picture how they use their own garden?! Can you draw a picture!!?

MoveOnTheCards · 23/09/2021 22:27

CF building plans and parking disorder?! OP we need a diagram!

Puzzledandpissedoff · 23/09/2021 22:28

They have no other way other than to build from our side

Then if you choose (very sensibly) to refuse access they won't be building will they?

As PPs have said, planning permission allows them to build, but it doesn't allow them access to your own property - so if they really want it they'll just have to trash their new kitchen and then refit it again afterwards

Not your problem

undecided2022 · 23/09/2021 22:38

I'm confused. Why can't you just say no to access on your property?

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