Neighbours extension breaches planning permission.

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    Neighbours extension breaches planning permission.


    We rent out our first home via a letting agent, the most recent inspection shown a single storey extension being built by the neighbours to the rear of the property. It is the adjoining property/semi detached. We think the tenants received notice but did not deem it important to pass this to the letting agent... and the letting agent did not think it was important to highlight the build in the inspection report, there was a photo that we reacted to. We have expressed our disappointment at both parties.

    The fence has been removed and it appears they have built up to the boundary despite the plans, available to all online, stating it should be 600mm from the shared boundary. We are concerned that the fence is gone, the build is right up to the boundary and the footings will be on our land.

    We live a distance away and it is a 3hr round trip at best but I am visiting on Sunday to get my own photos and measurements

    Let me say that fundamentally we are not against the extension but would not have agreed (had we known) for the build to replace the fence and the footings encroach on our land. Could the footing affect our future plans to extend the property in a similar way?

    We are bracing ourselves for the council to dismiss our concerns but does anyone have any advice on what our options are?



    If the work exceeds the planning permission, the council will pretty much have to act to enforce it.

    Even if the planning permission allowed for the removal of the fence, unless they owned it, they'd still need consent from you.
    Not getting any response isn't sufficient to gain permission from you.

    The footings can't encroach on your property without consent and the council can't give that consent on your behalf.
    If the building work extends onto your property they'll have to compensate you or rebuild the extension.
    They can't simply take some of your land.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


      Originally posted by jpkeates View Post
      If the work exceeds the planning permission, the council will pretty much have to act to enforce it.
      That's not what happened to me. Neighbours built 3 foot higher than plans, installed two windows facing me that were not on plans at all. When I complained, council just granted them retrospective consent. Money in brown paper envelopes with big developers.


        seen cases before where people build over the boundary line, judge awards other house something minor for the strip of land a few hundred pounds. You are better trying to ignore it than get tied up over a few inches, the damage is done and in my view you will never get a demolition order for it. You only hope is if you have legal insurance they might help out but any judge is likely to not be interested in it, council won't care about it (in my view).

        Been there before with various overhanging gutters etc and spent an emormous amout of time worrying about it, in the end the likelyhood is it probably won't matter. Worry about things you can change and try and ignore the things you cannot.

        If you fall out with them know they might leave you with the ugly breeze block wall to look at and say it won't even be painted, if you get passed it they will probably render it and paint it so at least it's not an eye sore.

        Agents or tenants will not be bothered by it as it's not their cash tied up in it.

        Just my personal view

        All the best


          what would you ideally like them to do?

          I have a situation, similar but worse. Neighbours extension actually encroached into out garden by 6 inches. Because our house was let we had no knowledge of it until extension was built and roofed. I am hoping, perhaps optimistically,that come the time they want to sell they will need to regularise position by buying the subsoil on which their trespass stands.


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