Neighbours and planning/building works

[MrsWobble3]

For the last two and a bit years our neighbours have been carrying out extensive building works but it is now coming to an end. Part of the works including replacing the fence between our gardens with a wall which according to the plans was to be rendered and painted brieze block construction. We have been asking about the timing of this as the builders will need access to our back garden but the only response we get is that they will ask their contractors. They have now rendered and painted their side but left ours untreated. This is very ugly and we want it finished. Is this a party wall matter or do we need to contact the council planning team? Our houses are listed if that makes a difference.

We’ve asked numerous times and are getting nowhere with the neighbours so want to get it enforced so we don’t have a third summer with our garden a mess.

I know there are some really knowledgeable planners etc on here - hopefully one of you can give us some pointers. Many thanks.

Do you have in writing that they will render both sides of the wall?

Is it on the boundary or just within their side?
Who owned what was there is the first place?
Were the wall/fence and materials specified as part of planning approval?

I am of no help but bloody hell what a mess. I would be bloody fuming!! Is it even finished? Why is there still a hole in the bottom? Looks like very shoddy work - I hope you get it sorted and being listed will be on your side. I would be ringing the council and speaking to the conservation officers. Also I hope you have it in writing that they will render it?

To answer your questions. The plans approved by the council and attached to the party wall award show the wall rendered on both sides. So I think the building materials etc are specified in writing. The wall is on their side of the boundary so not technically a party wall I think but it is within 3m of the boundary and the other side of the wall is their dugout basement room with a terrace on top. The fence it replaced was theirs.

And thanks for the replies so far - much appreciated

Speak to planning enforcement.

I'd be fuming with that op! Def contact planning at council.

look like that wall is on there land not boundary
so there under no obligation to do anything

I had the same the other way round they wouldn’t give us access to dash it so just left it

you’ll need to put a fence up if you don’t want to look at it

I’d be careful of pissing them off the could paint it in stripes with a roller stood on roof and u couldn’t touch it

the only glimmer of hope is when they go for final sign off it might be deemed unfinished but some types of blocks u can just leave your rendered

It needs to be finished - speak to planning enforcement.

Do you live in a conservation area and did your plans show render both sides?

As you are both listed the council should be very stringent with any building works, talk to planning enforcement

That looks awful, Op 😢

Ok. It sounds like we should talk to planning - is there a separate enforcement department? What powers do they have - can the neighbours just ignore them the way they have us? What happens at the end of a project - does it need a sign off and would this unfinished wall prevent that.

Depends what was part of the permission. If it wasn’t a condition then no, nothing can be done.

Not conservation area
yes plans showed dashing but still got signed off as blocks ok to leave un rendered

Usually a permission will have at least 2 pretty fundamental conditions - the first being that work has to commence within 3 years and the second being that the work has to comply with the approved plans. Sometimes the condition will list the specific plans or documents, or sometimes it will just be a catch all “implemented in accordance with the application plans/documents.”

it MAY be possible for enforcement action to be taken to require that they finish your side of the wall, if this was specified as being part of the application. The difficulty with enforcement will be that there would need to be an assessment of whether the works are on-going/what a reasonable period for them to finish off the development would be, and always in enforcement there is an assessment on whether enforcement action is “expedient”. In this case in my view it would be, subject to the conditions and documents as part of the application, since the unfinished wall looks god-awful. This though is reliant on the wall having been part of the application, I suppose.

definitely worth contacting thr planning department. Most local authorities will have a separate planning enforcement or planning investigation team, but they will also have a contact for general enquiries that can push you in the right direction. Depending upon how you get on, you could contact your local councillor for help if you don’t get anywhere in a reasonable amount of time

Generally planning applications aren’t signed off per se, unlike with applications for building regulations approval. We don’t issue completion notices for normal householder applications. If there has been a condition on the permission requiring further details, then we will deal with those details pursuant to a condition, but otherwise, that’s it (and separate to the building regulations process).

There will be an Enforcement Officer but, honestly, they will probably already have bigger issues ongoing. There is no formal signoff unless Buildings Regulations are required. NDN could just say they will get round to it eventually, as there is no time limit to complete works.

I wouldn’t bother tending that; it looks like it’s going to fall down at any given moment.

id be fuming op. Hope you get it sorted

Unfortunately planning can't force someone to complete a development only require them to start it within a certain time. Your neighbour could just tell them it's not finished yet.
So while it is really ugly and badly finished I think the council will tell you it's a civil matter. You'll probably be best to follow the party wall route especially if the plans were agreed under that.

I would put a fence up on your side to match the panels on top. A rendered painted wall will go green.

I agree planning won’t be interested. It’s simply unfinished work. What does the PWA say about timely finishing and quality of finish? Hopefully finish was agreed! where are the foundations? Did the wall need building regs? check this.

Your route for negotiation is via your party wall surveyor. They should negotiate with the PWS appointed by next door. What does the agreement say about finish and putting your land back to how it was? Hopefully your surveyor agreed this. Failing that: if the PWA has been breached, talk to a solicitor. It’s slightly nuclear to do this as it’s a dispute. Therefore buy a fence.

@TizerorFizz thanks for your reply. I think you’re right in that we need to buy a fence. I had hoped the council might help, and will try since this is not the first issue we have had with the build and the planners were helpful last time. I think the PWA is well written and covers the finish but getting it enforced will be difficult. Our surveyor had to threaten a CCJ to get her bill paid and the neighbours surveyor sent us an invoice for his ‘costs in excess of what the neighbours were prepared to pay’

Do you think the construction of the bottom left corner of the wall is ok?

I’d put a hedge up….but yes something.

That block work is shit, they didn’t even take the snots off it.
The corner looks ok, it’s concrete.
Looks like there is a wooden post in it though?
Personally I’d put a fence up.

Looks awful! Contact planning. I work in construction but I'm no means an expert.

If i were you I'd put my own fence up (which will no doubt piss them off as it'll ruin their style!)

Structurally though - are there any buttresses along the wall supporting the structure? It's quite high. I'd get building control in to check that the wall is safe (please - as they are often built incorrectly) x 🙏