Any planning experts around - neighbour's summer house

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Hi

My neighbour is currently building a summer house/office at the end of their garden. It's a flat roof over 3m tall, less than 1m to 2 boundaries and approx 1.5m from ours; no fireproofing as far as we can tell, no planning permission.

They've also just started building what looks to be a wooden shed in the larger gap attached to the summer house on our side. It's also currently attached to our fence on the other! We've spoken to them and they've said the builder wasn't supposed to do that and that they'll ask him to change it today. However I don't believe they've any intention of leaving any gap between it and our fence.

Is there anything we can/should do, particularly bearing in mind that we're hoping to sell within the next few years?

If it is the height you state, and within 2m of any boundary planning permission is required. The only course of action is to report it to the Planning Enforcement team for them to investigate. They will probably ask for an application to be submitted and you will then be able to comment/object. It is possible that PP will still be granted, although the Council could ask for alterations if they feel the current building is unacceptable in planning terms.

At no point should any building be attached to a fence which you own without your consent. Even the granting of PP does not override this point.

Many thanks @Seeline, I'll look into reporting it. Do you know if the shed would also need planning permission if less than 2.5 metres high but attached to the main structure?

PP is not correct, check your local council website for planning regs in your area, they differ depending on where you live.
We have a cabin, the rules here for planning permission not to be required are no taller than 2.6m to the highest point of the roof, min 1m from the boundary, not greater than half the garden size. There was something about distance from other buildings too, that didn't include neighbouring sheds, cabins, pergola etc.

Also 'fireproofing' isn't required for structures such as these, they are effectively glorified sheds.

The basic pd rights are the same for all of England. They may be tighter in some areas due to things such as AONB, conservation areas, listed buildings, or removed altogether.

From the details given it would appear that the OP is applying the English rules and therefore pp is required.

Fireproofing would come under Building Regs, which is entirely separate from planning.

This.

Different councils must differ.

Ours is under 3m for flat roof. 2.5 for pitched.

Must be less that 50% of garden.

We have a similar issue. Our neighbours have an outbuilding (stable) which they have converted into an office. It is two stories high. (5-6 meters). One of the walls is actually in the fence between us - ie it is the boundary. It was already there when we moved in. There is no planning permission that I can see. We've been trying to work out if there is anything we can do. They seem to think as it was an old stable and here before any of the houses (which are edwardian) then it is ok? They have definitely added the roof, second story etc. They have a window which looks directly into our bedroom. Anyway, sorry I can't help, but we have a similar issue so posting in sympathy.

That's tricky! If it's being built at the same time, and forming part of the whole structure, in my opinion, pp would be required for the whole thing but it will depend on how the regs are interpreted.

PD rights only apply within the boundaries of a property, so if the structure extends beyond the boundary by eg being attached to someone else's property, pp would be required.

OP, please contact your local planning depts 'duty officer."
They will tell you what is what and have leaflets.
We had a concern and having spoken to the council we were in a better position
to put our case to next door.

Sadly with the new rules etc people can build almost a house in their garden without PP, but please do contact the council it will be worth it if you speak with the right person

Amongst other requirements, to not require PP an outbuilding:

*7. Outbuildings must be single storey with
a maximum eaves height of 2.5 metres and
maximum overall height of 4 metres with a dual
pitched roof, or 3 metres in any other case.

1. If the outbuilding is within 2 metres of the

property boundary the whole building should not exceed 2.5 metres in height.*

These rules are the minimum requirements in England.

There is also a maximum proportion of the garden which can be used for outbuildings.

https://interactive.planningportal.co.uk/mini-guide/outbuildings/0

Rules for England

Thanks all. To confirm, yes I am in England and the local council website just directs me to that planning portal site so I assume no local rules in place.

Both points 7 & 8 apply even without the additional shed so I'll try calling the planning department before speaking to the neighbour again.

I'm in Scotland so the planning regs may differ slightly from England, though they won't be wildly different. I know they vary within each local council area here and I imagine it's similar South of the border, particularly in conservation areas.

As for the shed to the side, that definitely wouldn't be allowed here (doesn't stop people though).
Them attaching it to your fence is well out of orde. But be aware that if you are successful in preventing this part of the structure they would likely use the area for storage anyway, as we do. We store our stuff neatly but you could end up with an ugly pile of junk they don't use next to your fence; out of sight, out of mind and all that.

From Planning Portal: Rules governing outbuildings apply to sheds, playhouses, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structure for a purpose incidental to the enjoyment of the dwellinghouse.

If you are unsure if your planned building falls into the category of 'outbuildings' or if you are unsure if planning permission is required, please contact your local planning authority.

Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

No outbuilding on land forward of a wall forming the principal elevation.
Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
No verandas, balconies or raised platforms (a platform must not exceed 0.3 metres in height)
No more than half the area of land around the "original house"* would be covered by additions or other buildings.
In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from the house to be limited to 10 square metres.
On designated land* buildings, enclosures, containers and pools at the side of properties will require planning permission.
Within the curtilage of listed buildings any outbuilding will require planning permission.

I see @Seeline has confirmed this and they know their planning stuff!

I returned from work today to find the shed has been detached but still touching and the newly added roof overhangs my garden!
I've spoken to the planning department who've said they'll investigate but I'm guessing we'll be stuck with it for a while ☹

If it is overhanging the boundary, it will still need PP. Permitted development has to be entirely within the boundaries of the property.

Take photos and send them to the officer you spoke to.

Thanks again @Seeline, I've sent some photos over this morning. I'm kind of resigned to them getting retrospective permission on the main cabin in the end but hopefully the additional shed will eventually have to be removed.

Crikey. If I were them, I'd be worried about the quality of their builders if they think this level of crapness is acceptable!

@MaggieFS you'd think wouldn't you? Had an email from the planning officer yesterday in response to my photos saying they'll arrange a visit but that it looks like permitted development!! I'm not sure how when it appears to be over 2.5m (dh measured top of fence post behind it at 2.6 and it's taller than that) and sticking into my garden.

Hmm we have recently put in a garden office, it’s close to the fence but you can get down the side so maybe a meter away? And flat roof, not sure how tall but it’s not weirdly short or anything. In any case we’re having other building work done and our architect submitted the office plans to the council for the OK and it was all fine. Not planning permission but a ‘certificate of approval’ or something like that. So you may find they’re totally in the right I’m afraid! Except for whatever is attached to your fence, that is odd!

Don't wait for planning to resolve the roof overhanging into your property, that is not a planning issue. It is trespass. If you have legal cover on your home insurance then speak to them. They will probably advise you to write to the neighbour clearly stating that the roof is trespassing onto your property, and that is must be removed within something like 48 hours.

Regarding planning - if it is a sloping plot then the height of the structure is measured from the highest bit of land next to the structure IIRC.

I would email back asking for clarification. Clearly state that the building is within 2m of the boundary and exceeds 2.5m in height and therefore you believe cannot be pd. Additionally, as you understand it pd rights only extend to developments within the curtilage of a property, and as this development extends beyond your neighbours boundary you don't understand how it can be of. Ask for a copy of the regs which show the development to be pd.

Does anyone know if a summer house can form part of a boundary line and not have a fence in front of it?
All sizes of Summer house will comply with planning, under 2.5 meters high and under 30 m2 in floor space