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Original poster

Neighbours extension

26 replies

keepcalm11 · 15/09/2022 06:55

Recently separated. DH is staying in the house we were living in and I've moved to a property we owned and were renting out for our pension pot.
I had not seen the property for quite some time but was aware it would need a spruce up following years of renters coming and going. I'm not bothered about the condition or the work as I'm happy to have a place of my own and start afresh.
My problem is the neighboiurs have built a single story lean to extension which joins on to the wall of my house. I had no idea this was being built and I hate it. The house is detached but now has this lean to stuck on the side.
When I saw neightbour I brought up the subject and they said DH had given permission for them to attach it to our wall. I messaged DH and he said yes he thinks he problably did say go ahead as we didn't live there he didn't think it mattered.
Further digging and it turns out it was put up approx 6 months ago, no planning permission as size was within permitted development, and no 3rd party wall agreement.

Is there anything I can do ?

OP posts:
JustBkind · 15/09/2022 07:02

The fact it actually joins onto your house may mean it’s not actually permitted development but the best thing to do would ring the local planning office and ask for advice.

BruceAndNosh · 15/09/2022 07:24

Tell your stupid husband to sort it out.
Its devaluing your pension asset

Relocatiorelocation · 15/09/2022 07:32

Well crikey he's just fucked your pit up by 10s of thousands hasn't he, as you no longer have a detached house. He needs to sort this out.

SalviaOfficinalis · 15/09/2022 07:38

JustBkind · 15/09/2022 07:02

The fact it actually joins onto your house may mean it’s not actually permitted development but the best thing to do would ring the local planning office and ask for advice.

Agree.

Do they actually own all the land right up to the wall of your house? Don’t detached houses usually have a little bit of a border around them.

Original poster
keepcalm11 · 15/09/2022 07:56

Thanks everyone for the replies. Interesting about the permitted development that gives me some hope.

Yes DH is an idiot but that would be a whole other thread. I am often left to pick up the pieces hence the separation.

Yes they do own the land becuase we extended our house up to the boundary (planning permission granted) so they have filled their bit of the gap with this lean to.

It's a right mess tbh.

OP posts:
Original poster
keepcalm11 · 15/09/2022 08:01

I am concerned about devaluing the property becuase it was supposed to be an investment for our retiurement. But due to change of circumstances I am living there now and we'll see how it goes financilally without the rental income. I am concious that I may need to sell at some point in the future.
Eveythging has gone to pot!

OP posts:
ReadyForPumpkins · 15/09/2022 08:04

You said you have extended to the boundary. That's where you have gone wrong. You can build up to your boundary.

stayathomegardener · 15/09/2022 08:22

Is it physically attached to your house?

drpet49 · 15/09/2022 08:31

Well your house is not detached anymore. What a mess.

KosherDill · 15/09/2022 08:32

Ugh, much sympathy.

Please keep us updated; and good luck.

DogInATent · 15/09/2022 08:38

the neighboiurs have built a single story lean to extension which joins on to the wall of my house
we extended our house up to the boundary

If you extended up to the boundary, what was your arrangement with the neighbours for maintaining your wall?

If they've built a lean-to attached to their property that shares a wall with your extension, then presumably it leans towards their property so how is the guttering arranged?

Original poster
keepcalm11 · 15/09/2022 08:49

About our extension , we extended out to the side of our property up to, but not on the boundary, so our extension is fully on our property. I'm pretty sure this is the case as it was carefully meausred at the time . I'm pretty sure this was the case but I has better get the paper work out to check.

OP posts:
Original poster
keepcalm11 · 15/09/2022 08:52

The high part of sloping roof of neighbours lean to is on their wall and the low part is joined on to my wall .

OP posts:
Weefreetiffany · 15/09/2022 08:58

Is there a cricket or fully to divert water away from your wall? Where is the party wall agreement? Even if your DH said yes it should have been followed up with that.

DogInATent · 15/09/2022 09:06

If your wall isn't up to the boundary then if their wall touched yours theirs is over the boundary. You need to be sure about the boundary, and you're clearly not. It's also more than a bit CF to complain that it's their extension that stops your house being detached and devaluing the property when you extended to the boundary first. They've just matched you - what were they supposed to do? - stop a metre short and not make full use of the boundary to the same extent you did.

If I was you, I'd have a builder look at how the extension joins your property to make sure the drainage arrangements for rainwater run-off and damp-proofing are adequate. Those are the potential problems that would worry me most.

Have a word with the neighbours about building control. Ask if you can have a copy of the building regulations sign-off (if there is one). If you're open with them about the separation you can see you need it for the legal papers for the house (which you may well do if the properties will have to be valued as part of the split).

If solicitors are going to be involved in the arrangements of your split, you could put them on the case of resolving the planning/building control issues. But I'd still want a builder to have a look at the quality of the work as soon as possible. If it's only been up 6 month then it hasn't gone through a winter yet.

SunnydayeverythingsAOK · 15/09/2022 09:27

If their extension oversails the boundary to touch yours (set slightly in from the boundary) then it's not permitted development. If you really want it to be fixed then report them to the planning department and they will have to retrospectively apply for planning permission. You can then object.

Original poster
keepcalm11 · 15/09/2022 11:32

If their extension oversails the boundary to touch yours (set slightly in from the boundary)

Yes this is the situation re the boundary. The drainage is concerning me now as mentioned by DogInATent. Neighbour did not apply for planning permission or party wall agreement. They proceeded on their own with verbal agreement from my DH, so the council planning dept no none of this.

I don't think I'm being CF but also neither are they in a way, because 6 months ago DH told them to go ahead and do what they like without even thinking to mention this to me.

OP posts:
BatteryPoweredMammy · 15/09/2022 12:18

keepcalm11 · 15/09/2022 11:32

If their extension oversails the boundary to touch yours (set slightly in from the boundary)

Yes this is the situation re the boundary. The drainage is concerning me now as mentioned by DogInATent. Neighbour did not apply for planning permission or party wall agreement. They proceeded on their own with verbal agreement from my DH, so the council planning dept no none of this.

I don't think I'm being CF but also neither are they in a way, because 6 months ago DH told them to go ahead and do what they like without even thinking to mention this to me.

I’d be very concerned about the drainage potentially causing damp in my wall if I were you.

If they didn’t get written permission from your DH before going ahead with the works, more fool them. Definitely raise it with the Planning Dept. and argue that it’s not permitted development and that you object to the extension touching your house wall.

Rollercoaster1920 · 15/09/2022 12:25

I doubt planning will care if it is within permitted development scale because as you have said - you built to the boundary, now so have they and you've both turned your detached houses into semi detached houses.

I agree with pervious posters though about asking the neighbours about building regs sign off, especially about fire compliance.
Also do get the water runoff checked - if their roof is draining your way then it is asking for trouble. Have they put in a hidden gulley? Their water must not drain onto your roof without your permission (and don't do that).

Did they use your wall as the outer skin of their extension? Did they pay for that (as is normally the case).
Have both house insurance companies been informed?

Sorry you have to deal with this, especially with only some of the information.

Original poster
keepcalm11 · 15/09/2022 12:41

My extension does not touch the boundary it is slightly inside. It was built a long time ago but I remeber we were not allowed and wouldnt want to in any case build right on the boundary. It had to be on our own property inside the boundary.

OP posts:
Suzi888 · 15/09/2022 12:45

JustBkind · 15/09/2022 07:02

The fact it actually joins onto your house may mean it’s not actually permitted development but the best thing to do would ring the local planning office and ask for advice.

^ This

plus what rollerocoaster has added.

I thought there was no comeback after 12 years? I could be wrong. Regardless you are within the time limits. It’s unfortunate that your DH okay’d it though. Have you informed the neighbours you aren’t happy with it….

Rollercoaster1920 · 15/09/2022 13:52

You've said you built to the boundary, but then contradicted yourself and said just inside. How far inside? If you are talking a few cm then that is to the boundary. If you left 30 cm for access then your neighbours are trespassing and CFers.

How certain are the boundaries?

RedDawg · 06/09/2023 09:04

Did DH tell them in writing or verbally? Only a thought… no need for reply. 😊 oooo this is 2022… ignore me. 😆 I was searching for a similar thread to see if it would help my neighbour 🫣

FlemCandango · 06/09/2023 09:34

We have had a similar situation op. Our house is detached and on a corner plot. The previous owners converted the garage and added an extension on top and out back, so turned 3 bed with garage to 4/5 bed with larger kitchen and utility/ storage room. This means on one side our wall is up to the edge of the boundary. We bought it like that. Next door has a side passage to their back garden between our house and theirs.

They have fixed a gate to the house and with our consent attached one of the posts to our house. This keeps their property more secure. Then they told us they planned to close over the space by adding a roof to the passage to create a lean to shed we said "nope" to that and quoted the rules around part walls to support our denial.

They agreed to fit a roof that was attached to their house only and had guttering to take the water down onto their land only. This has been fitted. We did not want to be unreasonable but also did not want a crappy lean to, linking our houses!

Seeline · 06/09/2023 11:13

technically it will require PP as it is over hte boundary.
Council can ask for a retrospective application. However, who owns what is not a planning issue, and I doubt there are any planning reasons as to why PP would be refused from what you have said.

Building Regs may have something to say about guttering etc.

If your husband gave them permission to attach to your property (presuming he had ownership of the property at the time), I doubt that there is much you can do.