Neighbour’s Unwelcome Extension Causing Concern?
My tips in these circumstances:
INVESTIGATE
Everyone’s Property Deeds are available online and are a matter of public record. Copies can be obtained via:
www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Order office copies of both yours and your neighbour’s title. Order a copy of the register and plan for both. Check that your neighbour is on his land and not encroaching on your property. Red edging shows the boundary lines.
Look at the Government’s Planning Portal for Common Projects
This will help you to understand whether the works appear to be in breach of Planning Permission and/or Building Regulations Consent.
E.G. If the pavement/kerb is dropped, then that would have required consent. If your neighbour does not have that then this could be drawn to the attention of the Local Authority.
COMMUNICATE
Speak to your neighbour. It is often better to discuss matters rather than escalating things.
ACTION
If this does not work you can lodge your written concerns with the Local Authority, at both the Planning Permission and the Building Regulations departments. These are two separate departments.
You may want to mention, where applicable, that this NEW structural addition affects your right to light, access is affected or compromised and the alteration is causing property damage.
Explain giving as much detail as possible, and provide photographic evidence.
LEGISLATION
The construction of a new building is likely to require both Planning Permission and Building Regulations Consent and part of the process would involve the Local Authority writing to neighbouring properties about the proposals.
The Local Authority have 4 years to take enforcement action for any breaches of Planning Permission. There is no strict time limit for breaches of Building Regulations Consent but once these are historic (20 years old) the Local Authority are unlikely to act.
EXPERTS
Consider instructing a Chartered Surveyor, who can attend at the property to review the works and give you feedback. This is evidence you can rely on going forward.
FINALLY
Instruct a litigation solicitor who can assist you in corresponding with the Local Authority and your neighbour.
Consider making contact with your local Councillor, or MP, expressing your concern and the lack of planning enforcement by the Local Authority.
[NB: These are very general tips and suggestions and cannot be relied upon since I have NOT been to the property or seen your deeds or office copies. Accordingly, no guarantee as to success can be given.]
