Can my neighbour put a window and door in rear extension, overlooking our property?

[jaamy]

Neighbour has started to build a rear extension that runs parallel to our partition fence, leaving a 1.2m gap between wall and fence. Initially really not happy about this since we have quite a small garden (approx 6.5mx6.5m) and the view from our main living area will now be straight into the side of their extension. However, since it appears to be within permitted development (running just under 4m from the back of their house) we didn't think we could object. There has been no formal planning requested.They have a much bigger garden space on the other side of their house so is no loss of space for them.
Brickwork started today. They have left a door-shaped gap facing our property (i.e. 1.2 m from fence). When I asked him about this, neighbour said it is so he can get access to the 'dead land' that the extension will create, as the build extends right up to their boundary fence on the other side so there will be no access from the rest of their garden. He also told me that the wall will contain a window 'for ventilation' as he wants a 'through flow' of air from the entrance door on the opposite wall that faces away from our property. So door or window are not necessary for fire escape.
We had reconciled ourselves to overlooking a plain brick wall and conservatory-style roof but were unaware of the door and window. At the moment, when the builders stand on the foundations, they rise a full head above our fence, meaning that the door and window will rise at least head height above the fence, with opportunity for neighbour to stare right into our garden and living space.
Have we any grounds here to insist that they don't include the (opening) window and door? We've already asked but he says door has already been ordered. No other windows on their property face our direction and this is one of the reasons we bought our house as the small but perfectly formed garden wasn't overlooked. I can find loads of advice on adding windows to existing walls and rules for windows on first floor extensions but nothing clear regarding apertures on ground floor extensions. Will try to add image tomorrow when it's light to make more sense of my ramblings.😁
Thanks very much for any advice. Sorry it's a long post.

you can probably insist on obscured glass in both door and windows. our house has a window that overlooks the neighbours and that was a condition of the planning permission.

This happened to us, but with a glass wall on the extension! Planning were completely useless. They called it in as he didn't have planning permission but then found no case justifying enforcement.

On council advice we raised our fences to the maximum 2m. Neighbour then absolutely kicked off - he was looking forward to his nice view in into our garden apparently. Technically we misadvised by the council as we live in a listed building, so needed permission to raise the fence but... council found no grounds for enforcement.

The moral of the story is that you can get away with anything in planning these days but it cuts both ways.

We have a window overlooking next door, in a rear extension. It has clear glass, it doesn’t really mean we can look into their house or garden, as there is a 6 foot fence on the boundary

Thanks parietal. Is your window on the ground floor and does it open?

Thanks Wrexhamseals. The fence is 6ft tall but slopes away from the house and so the extension rises above it by a good deal.

If the ground slopes you could consider going higher than 2m fences - we were advised by our contractor that we could look at 2.2 or even 2.4m simply through capping the existing posts.

It would take planning permission but if your neighbour is sensible they should agree to it instead of a dispute and perhaps even contribute.

Unbelievable that your neighbour kicked off on you! No planning permission here either but hoping that there is some rule/guidance we can quote to the neighbours so that they reconsider the door and use obscured glass. Can't afford a new fence!

I've always understood you cannot put an overlooking window into the side of your property and indeed it was a condition of planning on a previous house.

A quick google and I came upon this image on a site that tells you in diagrams what's permitted, but as a previous post shows, it's very much down to individual planners.

I would make enquires with the planning department before too long!

If he is allowed, can you put a trellis on your side of the fence?

There is nothing wrong with the existing fence, except that it is now too low! We'd have to redo all the fencing to match and with it being a small garden a tall fence would look and feel really odd, as well as block quite a bit of light.

Building regulations will still apply to Permitted Development which may limit facing windows and doors. There should still be plans available.

It looks like that might be the only option, thanks. We have already had to do that at the bottom of the garden when the same neighbours raised their rear fences and we had to do likewise. It's just not something we were planning on forking out for. Would mean we'd have to go round to their side of the fence and use the door in question! 🫣

Trellis - plant tree - Bushes etc
Neighbours really are not going to be standing in a doorway to no - where watching your garden.
Change is part of life - be thankful you have a lovely home - a view is a bonus .

I would plant bamboo along the fence line. It will grow quickly.

Yes, I feel for you. I wish it was different but unfortunately it took a year of battling with planning, pointing to the local guidance which had been ignored and working with a friend who is an architectural technician to learn that the council planners just weren't interested. All we had asked is that the overlooking glass should be obscured.

The retrospective permission granted to our neighbour was on the basis that we could 'screen with greenery.'

We were in the same position as you, with the neighbouring boundary 1.5m from our kitchen door and with the neighbouring house raised on a slope. If we'd tried to screen with planting we'd have had a tree outside of our back door.

Raising fencing doesn't feel good but we replaced as small a section as we could to mask the building with a diagonal cut down to the surrounding fence. It's clear why it's there, but that's on them, not us. We have planted to screen where this is reasonable too - unfortunately we are learning that shrubs grow slowly.

I hope your planning team are better than ours and you find an answer. Good luck.

Thank you. Sorry to hear that you had a bit of a slog. I know any objection will probably be fruitless but worth a go. Our garden is too small to plant anything to screen.

Be careful about bamboo. Some types are invasive and can spread rapidly and damage property. We have problems with our neighbour's spreading into our garden.

As far as I can tell Permitted development allows Windows and doors with clear glass anywhere as long as it is ground floor (but doesn't really define the height of ground floor).
My neighbour installed high windows to their extension actually on the boundary line under permitted development so council planning not interested. Too high to be hidden by a fence or hide with a shed, but they will be hidden when we build an extension over those windows!

Hiding with trees is the answer. Possibly in a pot which will allow you to move them if you move and so they don't have to be so big when you buy them. Beware the high hedge rules at 2.5m. You might be able to use one tree for the door and another for the window to avoid it. Or just buy deciduous trees.

Our neighbours had to use obscured glass in their new side window overlooking our kitchen but that had gone through planning permission.

There should have been a boundary wall survey and agreement arranged and paid for by your neighbour. I think the only get out is if the foundations for the extension are very shallow. Either way I would get your bamboo into tubs pdq. It will be manageable if not planted into the ground and makes a good screen. No arguing about fences if it is vegetation.

That should say party wall agreement.

If the extension meets permitted development requirements, there are no restrictions over boundary facing doors/windows for single storey additions. The Council has now power to intervene.

You say it is a 4m extension so I assume the house is detached? Otherwise 3m is the maximum allowed as straight pd. Up to 6m can be allowed without the need for full planning permission, but there is a consultation process required for larger extensions.

Thank you. Yes think size-wise it's within permitted but was hoping there was some kind of rule regarding window/door placement, so good to know.
Our garden is quite small so we were trying to avoid having to add ant more pots of plants and trees.

Could you put in a few stakes and plant clematis? It is slow growing to begin with, but once it starts off it makes a pretty screen and takes up less space than trees or bushes. Honeysuckle and jasmine could work too.

Trachelospermum jasminoides (Chinese star jasmine) is evergreen.