Building on shared access

[Headache2000]

Can anyone enlighten me on rights over shared access space on ex council properties?

Myself and a neighbour have a shared pathway from the pavement to our front doors which the deeds specify cannot be used for any purpose other than entering the property. They are currently renovating before moving in and have built a new porch in this area and installed a downpipe off the porch which drains into the floor directly besides our front door.

I don't really have a problem with the porch itself but the downpipe worries me as it seems they are using the house foundations as a soakaway for this. There was no drain here before the works. We have had no communication at all from the neighbour except when we caught them leaving once and told them about the boundaries.

Their builders have been non stop building for 8 weeks now and I'm at my wits end as I work from home most days, so I am very aware I may be over sensitive to things like this at the moment. What are my rights regarding asking them to move this downpipe and respect the shared area or at the very least only build on 'their half' of it?

Contact the council. They can’t build on any part of a shared space, btw, you both own all of it equally - it’s not your half and their half.

Contact the council. If it's ex-local authority there may well be covenants which restrict building as well as the usual planning and building regs requirements

Thanks for the advice, I was pretty sure this was the case.
I'd rather not report to the council and sour our relationship before they've even moved in. I had a word with the builders who said the downpipe connects to the drainage system (pretty sure it's the one from the bathroom).

Would the new porch flag issues if we were to sell do you think?

Is the new porch on the shared pathway? Does it encroach on your land?

They should not build on the shared area. Why haven't you said anything before? Of course it will cause issues when you try and sell.

You need to buy a copy of the original conveyance from council to private. AND the official deeds (not the downloadable ones) for you and next door. That gives you the facts.

It sounds like you may already have this info because you refer to the shared access area.
Has the porch or any guttering been constructed on your property? You need to instruct the neighbours to remove it. In writing is best.

Do you have legal cover in your home insurance? It may be useful.

But what do you actually want as an outcome?

I'd want both houses getting their own access put in to avoid aggro in future.
I'd be OK with a porch as long as it wasn't overbearing / ugly.
I wouldn't allow any encroachment.
I'd want to ensure the thing was build properly, including drainage.

So what can you do?
Does the porch comes under permitted development? Is it more than 2m from a boundary to the road and under 3m high?
https://www.planningportal.co.uk/permission/common-projects/porches/planning-permission

What plans have been submitted to the council? You should be able to check online.
If no plans then it is not a legal development, so you could report to the council planning enforcement team.

Next: Is it built correctly?
A porch is normally exempt from needing building control approval. See the link above.
But drainage must still be built to building regs (there is just no check required!). Rainwater drainage is in part H of building regs:
https://assets.publishing.service.gov.uk/media/5a80cf9ded915d74e33fc8ae/BR_PDF_AD_H_2015.pdf

Drains cannot drain onto a neighbours land without agreement (an easement). Also if their drain is into the foundations that could cause subsidence and they would be liable.

If built to the boundary: did they issue a party wall notice?

Finally: Can it be built on the 'shared access'.

Shared access is usually an easement right over someone else's land. Often reciprocal between the two houses for a 'shared' front path in ex council houses. So you could enforce your easement right over that land. It would be a civil matter so you would need to instruct a solicitor who would need the exact wording from the covenant and deeds, you could force demolition.

So back to what you want out of it? If it were me:

• Push for neighbour to install separate access and revoke the right to the shared access path (mutual benefit)
• You then won't enforce the easement so they get to keep the porch built on the land that easement covers. (Their benefit)
• Nothing can trespass onto your land.
• You get assurances that the drain is into proper drainage (that may include into the ground to a soakaway - would need to check how far away from the building that would be needed).