Help Neighbours building something

[Domme_Jay]

Just had a knock from my neighbours to tell me that they are building a conservatory in their garden and that this would involve a wall being built on the boundary for which they would require access to my property.

They said that they have planning permission, but didn't have any plans that they could show me. I am quite worried about what they have planned especially since they are quite big party people...

Would the plans be public anywhere I am in Southwark?

Any advice much appreciated.

[giggirl]

Here you are

http://www.southwark.gov.uk/info/485/planning_applications/554/search_for_planning_applications/1

I'm surprised you weren't consulted as Southwark consulted my neighbours when I applied for planning permission. Was it a party wall agreement they were asking you for?

[Domme_Jay]

He just knocked on the door, said they had planning permission and would need access.

it is at the side of the house where my kitchen window is which would leave a gap of about 4 foot and mean i get even less light :-( so there isnt already a wall there.

[red devil]

You can do a simple search by address/postcode etc...

http://planningonline.southwark.gov.uk/

If they are building a wall on your (shared) boundary they will need your approval re. Party Wall Act...

[silverfox]

Check whether the wall to be built on the boundary forms part of the structure of the conservatory. If it does object.

Such walls need up to 2 feet 6 inches space around them for maintenance, re-repointing etc so it should be this distance away from the boundary on their side otherwise they, and their successors, would be seeking access to your property over the years to carry out the maintence, if needed, which they have no right to do.

In short, if it is the case above, their plans cannot oblige you to grant them access to your property. Any reputable firm constructing the greenhouse would know this.

[Domme_Jay]

The link doesn't seem to be working.

There is no wall at the moment.

[LadyNorwood]

Have a look at this (not sure if it helps much) - http://www.legislation.gov.uk/ukpga/1992/23/contents

Just saying he has planning permission, doesn't necessarily mean he has got it - I would ask to see the plans and also the council's approval before agreeing to anything....

[Siduhe]

Unless your neighbours have a right of access to your property built into the property documents, they can't insist on access to your land. We live in a semi-detached property and there are certain rights of access for maintainance and emergencies 'baked' into the legal documents between the two properties, but these don't extend to improvement works.

We did have to do works on one boundary of our house - which meant negotiating an agreement with the neighbours and a formal party wall agreement which was required by law - there doesn't have to be an actual wall, if the works being done involve excavation near to and below the foundation level of neighbouring buildings (as in our case) then an agreement is required.

It sounds a bit like your neighbour is trying it on - at the least I would ask him/her what basis they want access to your land, what works are involved and whether they will sign a party wall agreement - this is all assuming you are the next door property owner (not a tenant).

[Jeremy]

It probably falls under permitted development rather than full planning permission. So there's not much you can do to stop them going ahead! You could refuse access to your garden of course... but they'd probably find a way around it, and all you've acheived is to piss off your neighbours.

[Cora]

Phone southwark planning and get their advice - they should be able to send you someone around to advise.

[Domme_Jay]

Many thanks everyone, I will phone tomorrow.

I have a feeling they are going to do a whacking great extension.

Will post a report in a few days.

[Huggers]

Southwark Planning are brilliant. They had someone round to ours within two hours when I rang up to ask what developers were up to next door - they were disguising their extension work by using the rubble to raise their garden by three feet which would overlook ours. Southwark made them to undo the raised garden, made them get planning permission for the extension!

[lizbells6]

What astonishingly high handed and inconsiderate behaviour from the OP's neighbours.

I would take lots of photos before the work starts and get it in writing that they will make good any damage the builders do on your property e.g. trampled plants, damaged brickwork, paint and cement drips. Surely they should also consult you about what finish you would like on the wall you will have to look at from your kitchen window.

I suppose on the plus side having a wall there might cut down on the party noise.

[HHBilly]

Agree with lizbelle6 - take loads of pictures and notes of what's said etc. also think about the security of your property while all this work is going on. It may take weeks/months to complete.

If the new wall is built on the boundary it will become a party wall.

www.gov.uk/party-wall-etc-act-1996-guidance is a good reference site

[red devil]

There's no need to get photos, things in writing etc, that's what an independent Party Wall suveyor will do and organise, and the neighbour has to foot the bill...

[first mate]

Seeing plans for any proposed works is important and even if it is being done under permitted development there will still be plans of some kind, even if they are only architect's plans. If you will undergo loss of light as a result of building then I would look at this very carefully indeed. Do involve Southwark planning, research the legal right to light angle and you also want to look at the planning portal http://www.planningportal.gov.uk this is the government's planning resource and outlines all the various rules and regs on permitted development, party wall agreements etc..

Most of all, don't sign or agree to anything until you are clear what your neighbours are doing, how that will impact on you, and where you stand in law. It helps to really read up on what is and isn't allowed nationally and to see what Southwark's stance on permitted development is,especially where terraces are involved.

[KidKruger]

I think if you're served a party wall notice to sign the neighbour is obliged to pay your (reasonable) surveyor costs - this is someone you can appoint independently to act in your interests in respect of the proposed party wall / build.

One thing that may be worth enquiring on is sound proofing to address excessive noise - may as well cover what you can during this exercise to improve (minimise detrioration of) your quality of life.

[gnulover]

The best thing you can do is to spend time with your neighbour over a glass of wine and discuss what they are doing. Talk through everything, look at the plans, understand what they are doing and how it will impact you. Then either agree, specify some conditions or ask for whatever you need.

Charlie

[intexasatthe moment]

Agree is amazingly high handed of neighbour .

I imagine it could have occurred to them to approach the OP with offers of friendly chats ,wine . Plans even .

Wonder why they didn't ?

[*Bob*]

The best thing to do surely is to splash the private differences you have with the people you have to live next door to - over a public forum which no doubt they will be reading, or someone will tell them to read.

Oh, hang on.. maybe that's not the best way after all..?

[intexasatthe moment]

Maybe by reading the forum the neighbour could pick up tips on how to approach this type of building work and develop good relationships with affected parties ?

[*Bob*]

Maybe one should remember that neighbour disputes are hardly ever black and white.

Best not to get involved.

[Ted Max]

What are you having done, *Bob*?

[*Bob*]

Massive inflatable penis erected on top of the shed.

[red devil]

Would that be the Granny Annexe *Bob*?...