Right to light

[Cherryblossom200]

Hi everyone,

I'm having a bit of a nightmare at the moment!

I've had my single storey extension approved recently. I've always kept my neighbour in the loop with what my plans are. But I was unaware that I needed to do a party wall notice because I'm excavating close to the party wall. This sparked off a very heated discussion with my neighbour yesterday. I asked for her details for the surveyor to email her the notice and she said she wouldn't agree to the notice. On the basis that the boundary fence would be taken down for my builders to put up the wall. And that I would be building on her boundary. I explained this isn't the case and that the notice is literally just to inform her of the building works. If she is uncomfortable with the fence being taken down, then the wall can be built entirely on my side. I tried my best to reassure her.

Basically she's an elderly neighbour who has lived in her house for many years. I think she's at the beginning stages of having dementia, so conversing with her is difficult. She is incredibly defensive and twists and turns things around so the conversation is almost impossible.

In general we have always have always had a good relationship. But she doesn't like change, and is fiercely defensive of her house. I have always respected our boundaries and keep myself to myself. But this has obviously caused her a great amount of anxiety which I feel bad about, however I have a right to build on my property.

It's really strange, but she agreed to my extension which is 4 meters long, 1 meter more than permitted development. But it seems like she is now backtracking on her decision and trying trick to avoid it taking place.

What concerned me is that she started taking about how it would affect her light. But firstly her house/ back windows are dark almost all the time due to a MASSIVE tree about 3 metres from her house. And we are south west facing. So she has sun all the time. She is the the left of me when looking at the back of our houses. My extension is pitched which helps too. My extension wouldn't take away any of her sun. She is aware of that too,

Is it easy/cheap to take a neighbour to court over loss of light? I know this is worst case scenario, I'm really hoping this won't happen but I would rather know before starting to build my extension.

I think my neighbour will be difficult so I'm anticipating a hard time with this!

Any words of advice please? Thanks

Sorry I meant she is to the right of me when facing the back of my house.

Hi. I am sure someone who knows more will come along to help, but your planning is approved, most councils use a 45 degree line from the ground floor window to the extension and that shouldn't be breached. Her opportunity to complain about your planning has passed. All she can do now is complain to the council that they haven't done something correctly to approve your permission and she would need to know what that is and prove it, she can't take you to court over it. I am currently dealing with a difficult neighbour over planning and this is what I have been told.

Thanks! This makes me feel a lot better. What worried me is I looked online and what I read was that it is a separate issue to planning. That a person has the right to dispute and sometimes get a project put on hold until the issue of loss of light is resolved. This sounds expensive. It involves surveyors and solicitors. My neighbour doesn't have the money to pay, but one of her sons is fairly wealthy so I'm sure he would offer to pay to help her out.

I don't like the sound of 'I would be building on her boundary'. Perhaps you meant on your side of the boundary line? Who does the fence belong to that you intend to take down? You're probably ok with the right-to-light thing but please tread carefully around your elderly neighbour who has to endure the noise and disruption of your work.

She thought I would be building my extension right on the party wall boundary. Which is where the fence lies. Due to building regs I have to legally build a certain distance away from the boundary line anyway, so this wouldn't be an issue. But my neighbour doesn't want the builders on her side, which is totally fair. This would mean the builders would create the wall to my extension on my side of the fence. Unfortunately the side of the wall she would look at would be fairly ugly as she won't allow the builder to finish off the wall nicely on her side. It's literally a 2-3 day job. But I don't want to create bigger issues so I'm just going to build the wall on my side which is what she wishes.

The issue you have read about is Right to Light. This is a legal matter, and separate from planning.

It would seem mad if someone could take you to court if you have planning permission, what would be the point if PP.

Theres nothing surprising or wrong with someone not wanting neighbours to build an extension that you FEEL will block your light/encroach on your privacy/spoils your view/feeling of space etc. Just as you're entitled to apply for planning permission, she's entitled to try to prevent you doing it.

it's easy to say someone older is 'getting dementia' when what you mean is, they don't agree with me so they mustn't understand.

building on her boundary does sound incredibly close to her house.

It would seem mad if someone could take you to court if you have planning permission, what would be the point if PP.

Planning permission only considers matters covered by the planning system. There are loads of other things that can prevent a PP from being implemented because of other areas of law - land ownership, rights of way, access, covenants and Right to Light legislation being a few.

It is a 'shared boundary' I live in a semi detached property. I am following building g regulations rules of building a certain distance away from the shared boundary. So I'm am following all the legal side of things.

The reason I mentioned that I thought she is early stages of dementia, is not solely based on what is happening right now. It is based on certain things that I have witnessed with her over the passed few years. Plus my dad has dementia so I know the signs. I truly do not want to upset her, and I reassured her that I will take into consideration what her wishes are. So I'm not sure what else I can do.

I'm leaving it in the hands of my surveyor at the moment.

Is ndn your semi attached or is there currently a gap between you? Right to light is entirely separate from pw and boundary issues. I think it is too late to object on right to light is planning has been granted.

It's semi detracted completely, no gap between the houses.

Do you have a diagram? You should normally build within your boundary line.

Like I said before, building regulations stipulate that I have to build my extension a certain distance away from the shared boundary. When building control come over to check the work they simply won't sign it off if it's not correct. My neighbours main concern was that I would get rid of the fence. Which is not the case.

Here the survey would be something you would have to pay pre planning permission. I think your neighbour has missed the boat. The survey four years ago was 3.5k for my friend

Hmmm I hope so. Looking online it seems that a neighbour can still complain after the works have been commence or have been completed about the loss of light. Which really is a joke. It needs to be highlighted before an extension is approved, otherwise people will plough money into a building only for a neighbour to complain after it's been constructed.

I read whole buildings have had to too been taken down, made smaller or compensation offered to the neighbour for taking about light. It scared the living daylights out of me 😬

Sorry for all the typos on my last message 🤣 tiredness has hit me!

Have you spoken to your planning officer about effect of subsequent concerns being raised. If it is built to the approved plans it seems extremely unlikely enforcement action could be taken or be a financial risk a council would take.

I might speak to my council next week. But yes, I do think you are right.

It would be worth trying to find a rights of light surveyor and asking them to take a view - it isn't really a planning matter.

If it is a single storey extension, you may well find that there is no interference with your neighbours right of light, but a specialist rights of light surveyor is best placed to advise on them. You are right that it can stop development - at least temporarily, and require payment of compensation.

Thanks 😊

Is this a case of her just not understanding what a party wall notice is, and assuming it means you're going to build up to/on the boundary (party wall) because you've mentioned a party wall notice?

Yes this is precisely what has happened. I tried explaining this isn't the case, but she wasn't listening at all.

I'm going to wait for the notice to be sent out and let my surveyor deal with her form now on.

I asked for her details for the surveyor to email her the notice and she said she wouldn't agree to the notice. On the basis that the boundary fence would be taken down for my builders to put up the wall. And that I would be building on her boundary. I explained this isn't the case and that the notice is literally just to inform her of the building works.

I don't think this is correct. She has 14 days to give consent or else it goes to the dispute resolution process. www.gov.uk/party-walls-building-works/reaching-agreement-with-neighbours

I think you might also have to pay for her surveyor if she wants her own. My neighbours offered to pay for ours when they built an extension but we were fine with a jointly instructed surveyor so they just paid for that one.

Chilli yes you are right on both points. What I'm saying is that my neighbour is already having an issue with a notice she hasn't even seen yet. She thinks I'm going to build on her property!