Where do I stand legally?

Discussion in 'Off Topic Chat' started by tom88, Jun 18, 2019.

  1. tom88

    tom88 Well-Known Member

    Joined:
    Dec 5, 2011
    Messages:
    982
    Likes Received:
    262
    Credit:
    £83.64
    The house next to me has Decided to lay decking with a roof for shade, one of the roof beams is hanging over my fence into my garden by a good 4-6 inches

    The roof is slanted at an angle for rain, these are angled towards my garden, as the beams are so close the rain will flood my garden or damage/flood my shed

    Is there a legal limit? If he is so close to my property does he have to install guttering?

    He literally moved in last week I want to keep it peaceful etc

    Any help welcome
     
  2. Otis

    Otis Well-Known Member

    Joined:
    Mar 26, 2011
    Messages:
    65,077
    Likes Received:
    9,811
    Credit:
    £284.52
    That doesn't sound right.

    I am sure someone on here would be able to clarify.
     
  3. Tommo1993

    Tommo1993 Well-Known Member

    Joined:
    Apr 14, 2019
    Messages:
    1,095
    Likes Received:
    633
    Credit:
    £1,330.86
  4. tom88

    tom88 Well-Known Member

    Joined:
    Dec 5, 2011
    Messages:
    982
    Likes Received:
    262
    Credit:
    £83.64
  5. Si80

    Si80 Active Member

    Joined:
    May 25, 2011
    Messages:
    720
    Likes Received:
    201
    Credit:
    £516.37
    You own the "air" above your property boundary in terms of law. Quiet word to tell him to cut it back or get him to install guttering to resolve the rainwater issue.
     
  6. tom88

    tom88 Well-Known Member

    Joined:
    Dec 5, 2011
    Messages:
    982
    Likes Received:
    262
    Credit:
    £83.64
    I think this is the best bet, it's not completed yet so I'll give the benefit of the doubt until its finished. I just wanted knowledge of formalities before I went round
     
  7. The Reverend Skyblue

    The Reverend Skyblue Well-Known Member

    Joined:
    Apr 7, 2011
    Messages:
    3,236
    Likes Received:
    2,969
    Location:
    South Norfolk
    Credit:
    £368.00
    Tell him to cut it back immediately. It's legally incorrect to build over a neighbours fence.
    If you don't stand up for yourself now he'll be building a full size extension next., especially now the laws on permissions for extensions have been relaxed a little.
    You'll regret it if you don't stand firm from the start
     
  8. Alkhen

    Alkhen Well-Known Member

    Joined:
    Jul 23, 2012
    Messages:
    1,041
    Likes Received:
    843
    Credit:
    £902.56
    Awkward, give him the benefit of the doubt maybe he hasn't noticed/thought about it. Hard to work out how to point stuff like that out without coming across pedantic. nip it in the bud but be nice about it.

    Slightly different but I had to have a word to my new neighbor first week they were in. Mild bassy TV/gaming/music was annoying us into the late evening. Went and had a polite word. Turned out he had a soundbar sub woofer type thing pushed up against the wall which was vibrating and making it worse. He said sorry and rejigged his set up and it's all good now.
     
  9. Alan Dugdales Moustache

    Alan Dugdales Moustache Well-Known Member

    Joined:
    Sep 10, 2014
    Messages:
    3,171
    Likes Received:
    1,453
    Credit:
    £1,947.79
    Agreed. Invite him round and show him the problem. To be honest anyone who puts up a structure which overhangs your property by 6 inches is to be disbelieved if they say they didn't realise. The fence usually marks the boundary, particularly if it has been there since the houses were built or ther original godfather posts are still in situ (as many are in addition to fences). If they overhang by that much they surely must know.
     
  10. rob9872

    rob9872 Well-Known Member

    Joined:
    Mar 21, 2011
    Messages:
    8,305
    Likes Received:
    4,250
    Credit:
    £2,430.01
    I've just moved in next door and wish you'd said something to me rather than post on a public forum, so how about you move your shed you moany c**t
     
  11. Robccfc87

    Robccfc87 Active Member

    Joined:
    Mar 23, 2011
    Messages:
    451
    Likes Received:
    125
    Credit:
    £114.00
    I really want this to be true
     
    Mr Panda and rob9872 like this.
  12. tom88

    tom88 Well-Known Member

    Joined:
    Dec 5, 2011
    Messages:
    982
    Likes Received:
    262
    Credit:
    £83.64
    It would be funny buts it's not true
     
    Robccfc87 likes this.
  13. eastwoodsdustman

    eastwoodsdustman Well-Known Member

    Joined:
    Sep 11, 2011
    Messages:
    3,193
    Likes Received:
    2,135
    Credit:
    £1,354.15
    Wait til it’s finished and then get the council to make him rip it down. That’ll learn him.
     
  14. fernandopartridge

    fernandopartridge Well-Known Member

    Joined:
    Dec 9, 2011
    Messages:
    17,007
    Likes Received:
    13,937
    Credit:
    £7,520.48
    Yep. I'd give him reasonable notice to do the work himself or you'll do it on his behalf and expect reimbursement.
     
  15. OffenhamSkyBlue

    OffenhamSkyBlue Well-Known Member

    Joined:
    May 7, 2015
    Messages:
    1,343
    Likes Received:
    628
    Credit:
    £1,151.25
    The overhang is wrong but if the entire structure is more than 2.4m tall and within 2m of the boundary they MUST apply for full planning permission. If it’s gone up without it, contact your council planning enforcement team who should require them to apply for retrospective permission during which you can object.
     
  16. Alan Dugdales Moustache

    Alan Dugdales Moustache Well-Known Member

    Joined:
    Sep 10, 2014
    Messages:
    3,171
    Likes Received:
    1,453
    Credit:
    £1,947.79
    You don't need planning permission if it's less that a certain percentage of the size of the original house and whether it's terraced, semi or detached. My understanding is it's a within 1:metre boundary rule.
    As for overhang it's not allowed irrespective of height or size. You have the right to ask for it's removal .
     
  17. shmmeee

    shmmeee Well-Known Member

    Joined:
    Jul 11, 2011
    Messages:
    17,469
    Likes Received:
    13,411
    Location:
    Coventry, United Kingdom, United Kingdom
    Credit:
    £5,415.75
    If it’s on your property you decide what happens to it.

    I’d have a word in a friendly way now, with the clear hint that it’ll be less friendly later if not sorted.

    I wouldn’t wait until he’s finished because it might be easier to fix now.
     
  18. OffenhamSkyBlue

    OffenhamSkyBlue Well-Known Member

    Joined:
    May 7, 2015
    Messages:
    1,343
    Likes Received:
    628
    Credit:
    £1,151.25
    The proportion of the size of the building is immaterial in the case of sheds, swimming pools, summerhouses, etc, when the height of the roof or the eaves is key (it's 2.5m not 2.4 as i stated previously).
    In addition, development of "a structure incidental to the enjoyment of a dwelling" without permission is NOT allowed if it would include the construction or provision of a verandah, balcony or raised platform. So raised decking is not allowed either.
     
  19. Covstu

    Covstu Well-Known Member

    Joined:
    Aug 17, 2008
    Messages:
    12,739
    Likes Received:
    2,677
    Location:
    Costa del Cov
    Credit:
    £999.69
    Doesn’t he know you juggle with fire at the weekends? He needs to remove just in case it sets Fire!
     
  20. Alan Dugdales Moustache

    Alan Dugdales Moustache Well-Known Member

    Joined:
    Sep 10, 2014
    Messages:
    3,171
    Likes Received:
    1,453
    Credit:
    £1,947.79
    Quite right. I was talking specifically about extensions in proportion to the original footprint of the house.
     
  21. OffenhamSkyBlue

    OffenhamSkyBlue Well-Known Member

    Joined:
    May 7, 2015
    Messages:
    1,343
    Likes Received:
    628
    Credit:
    £1,151.25
    The OP doesn't quite make it clear, but i have taken it to mean it is a stand-alone structure rather than an extension.
     
  22. ccfcricoh

    ccfcricoh Well-Known Member

    Joined:
    May 10, 2011
    Messages:
    549
    Likes Received:
    346
    Credit:
    £829.99
    Just have a word with them now before its finished.

    Judge by their reaction your next steps, if they apologise and sort it job done. If not, get the council on the case.
     

Share This Page