Where do I stand legally? (1 Viewer)

tom88 · Jun 18, 2019

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

Otis · Jun 18, 2019

That doesn't sound right.

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

Tommo1993 · Jun 18, 2019

Probably won’t help, but

My neighbour has a shed in his garden the roof of which overhangs

tom88 · Jun 18, 2019

Tommo1993 said:
Probably won’t help, but

My neighbour has a shed in his garden the roof of which overhangs

Thank you, I've already read this but curious to see if anyone on here could back it up

Si80 · Jun 18, 2019

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.

tom88 · Jun 18, 2019

Si80 said:
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.

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

The Reverend Skyblue · Jun 18, 2019

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

Alkhen · Jun 18, 2019

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.

Alan Dugdales Moustache · Jun 18, 2019

The Reverend Skyblue said:
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

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.

rob9872 · Jun 19, 2019

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

Robccfc87 · Jun 19, 2019

rob9872 said:
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

I really want this to be true

tom88 · Jun 19, 2019

Robccfc87 said:
I really want this to be true

It would be funny buts it's not true

eastwoodsdustman · Jun 19, 2019

Wait til it’s finished and then get the council to make him rip it down. That’ll learn him.

fernandopartridge · Jun 19, 2019

The Reverend Skyblue said:
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

Yep. I'd give him reasonable notice to do the work himself or you'll do it on his behalf and expect reimbursement.

OffenhamSkyBlue · Jun 23, 2019

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.

Alan Dugdales Moustache · Jun 23, 2019

OffenhamSkyBlue said:
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.

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 .

shmmeee · Jun 24, 2019

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.

OffenhamSkyBlue · Jun 24, 2019

Alan Dugdales Moustache said:
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 .

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.

Covstu · Jun 24, 2019

Doesn’t he know you juggle with fire at the weekends? He needs to remove just in case it sets Fire!

Alan Dugdales Moustache · Jun 24, 2019

OffenhamSkyBlue said:
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.

Quite right. I was talking specifically about extensions in proportion to the original footprint of the house.

OffenhamSkyBlue · Jun 24, 2019

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.

ccfcricoh · Jun 25, 2019

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.

Where do I stand legally? (1 Viewer)

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