Could I build a house in my house?

[Dinodigger]

So we live in a semi on a cul-de-sac with a huge garden that we don't use. There is a right of way to the back of our garden through the adjacent street, a single track around 2m wide. The right of way runs through all the houses this side of the street and is a dead end. The deeds say this right of way can be used for vehicles and we all have a responsibility to maintain it.

Do you think there anyway we could build a house there when that single track would be the only entrance to the property? Or sell to a developer so they could do this.

Maybe, speak to planning. Also would that property overlook others?

They are quite big gardens so I don't think overlooking would be an issue. Planning would be someone we would try and talk to in the end if we decided to pursue it, I am just not even sure if it is a realistic idea to even think about, if that makes sense?

Planning is someone you talk to at the beginning to work out if this is a realistic idea. 🙄 That is highly dependent on local policy.

It likely is an option but it probably makes more sense to sell the land to a developer, they then take the planning risk. If you self build there are rules around the tax when you come to sell. It will likely devalue your house a bit but that doesn't mean you have lost money.

One of my neighbours has spent the last five years trying to do this. The latest plan has 87 objections. They have spent a fortune and I can't see it ever being approved. Not one neighbour is on board with it as they feel it will start a trend and ruin the street. So maybe speak to some neighbours first and see how they feel

Is it an actual Public Right of Way, as in on the Definitive Map of PROW for your area (held by your local council) or just a private shared access for those houses? They would have different legal standings.

Do you and the other houses actually own the PROW, or are you just responsible for maintaining it?

It’s not clear from your drawing if you and the other houses have accesses to the PROW from the gardens (ie: gates, driveways) or if this is theoretical - as in you and the neighbours could access your gardens using the PROW, but no one actually does.

If you wanted to make it the access for the new house, this would have to meet certain standards like width and visibility where the right of way meets the road. Would you be able to upgrade it if required - could you buy the land to widen it, for example?

The other issue is whether you would get planning permission for a house in your garden, whatever the access would be. It may go against your council’s planning policy, and your neighbours may object to the plans.

Why not see if you could build a granny annex and rent it out? Selling the land to developers may reduce the value of your house.

Yes lots of people do this. But talk to neighbours and planning.

It looks as though it’s backland development, which generally planners do not like, as it’s against the grain of development in the area. Most councils have policies against it. They tend to be granted only when historical development has occurred in the close vicinity and has set a precedent.

@LittleScottieDog you can’t lawfully rent out an annexe. Annexes should be ancillary to the main dwelling.

Is there enough room to just access from the road?
Tbh I'd be reluctant to buy a house only accessed by that route, especially if its rarely used by others.

We did this, the whole road objected and it was still granted. You can't just object because you don't want it.

I would definitely look into it.

If it's a right of way you need to see what the words of the grant are. For example the right might only be for access incidental to the occupation of your property. A property lawyer can advise fairly quickly on that. It's a complex area of law and often an issue for developers.

If access isn't a problem, then you might consider an informal conversation with the council planners (usually at a small cost) to see if it's likely to be successful. Your neighbours won't be happy so best to find out if there's any chance before upsetting them.

Can the right of way can be used as an access to a new property? Who owns it?

In any case 2m is not wide enough for a modern vehicular access. It's not wide enough for a fire engine. A car would also need to be able to turn so that it didn't need to reverse back out on the road. It would also need to park off the access so it wasn't blocking everyone else. This would mean any new property being set back 5m from the edge of the access.

Each Council will have its own policies, but generally there would need to be at least 20m between the rear wall of your house and the rear wall of the new one.

There could be issues concerning privacy/overlooking, particularly with the properties at right angles to the new one.

Thanks for all the different perspectives.

Sorry I wasn't very clear - it isn't a public right of way, just an easement in the deeds saying we have right of way over that strip including for horses (with or without carts) and vehicles and have a shared responsibility to maintain it.

There is a drop curb on the road which leads to the track being about 2m, so just about wide enough to get a car. You wouldn't get an emergency vehicle down there or a delivery lorry or bin lorry etc. I imagine if planning was permitted it would maybe be a difficult build due to the access issues.

I do worry about what the neighbours would say and think. Definitely something to consider. It could also open the flood gates for others wanting to do the same.

Our local council only will engage in discussion about planning for a £400 "pre planning meeting" and we aren't at the stage where we want to pay out any money, just an idea we are floating about and wanted to hear if something people have done or would do etc. So thanks for all the varied responses as has given us stuff to think about.

The deeds say this right of way can be used for vehicles and we all have a responsibility to maintain it.

how much is it used currently and how much more maintenance will be caused by having someone use it to constantly access their house plus damage caused by construction traffic? How are you expecting this extra maintenance to be paid for/shared?

it isn't a public right of way, just an easement in the deeds saying we have right of way over that strip

I suppose the big question is whether that easement would apply to a new property or if it is only for existing ones.

You wouldn't get an emergency vehicle down there.

I think that would be your biggest block then. I can't imagine you'd get planning for a home in the middle of a residential area that would just have to burn to the ground if there was a fire.

One thing to consider woudl be that it is a foot access only and not try to make it vehicle access.
There are a lot of houses round here which are down alley ways at right angle sot the road, so you park on the road and walk down to the front door.
Depending on how far it is, that could be one option.

I think it woudl depend on how easy it is to park on the road at the end though. It is certainly more likely to pass with the neighbours.

Good point. I expect that at the moment all the properties use it an roughly equal amount, so maintenance can be split between them fairly. If a new property is built that uses the access all the time, that’s a significant change and it would be unfair for the other property owners to have to pay increased maintenance costs as a result.

Is the access surfaced in tarmac now, or is it a dirt track/ crushed stone? You might be required to tarmac it so it can be used as an access road to the new house, which again increases future maintenance costs.

@Seeline has made good points about the need for the access to be suitable for emergency vehicles. From your diagram, it appears that you’d have to take land from your neighbour’s gardens to widen it - would they sell that land to you, and how would it work if you all jointly own the access?

The restricted access would make the house unattractive to a lot of potential purchasers. Also, how would you (and your neighbours) feel about living next to a building site for weeks or months?

You can check for a Local Plan and the Planning Framework on your council website, this might give you an idea of demand and whether infill developments are often proposed and allowed. Some councils charge for pre planning discussions.

The access needs to be 3.7m between kerbs and 3.1 between gate posts. 2m is not even close.

From your diagram. What is on the other side of your semi detached neighbours? Are there more houses/gardens or is there a road?
Because if it is a road, you could float the idea with them that you buy a strip of the end of their garden from them for access, and then access the house that way.

You would probably need to make it worth their while though

I wouldn't ask the neighbours, nothing about this scenario would benefit them in any way, so they are likely to oppose it.

£400 is nothing in the grand scheme of what you are trying to do; the build will cost you at least £250k, most likely more with full finishing. I'd arrange that planning meeting so you can get to appreciate what the challenges might be.