Planning enforcement often hear; “They’re my neighbours, we get on really well. There’s no need for me to look at the plans!”. However, while the “bon ami” approach is admirable, it is often the downfall of friendship and the start of something much more confrontational. This is because the developer whilst having good intentions, is only looking at completing their extension project. They often aren’t involved in the details that impact surrounding properties.
Brighton Planning have heard of two similar cases, where planning permissions had been gained for side extensions. Both sets of neighbours had taken a brief look at the plans and decided it didn’t really impact them, so were happy things progressed.
The build started. The extensions erected along the boundary and then the roof trusses were installed. Except the eaves and guttering are extending over the neighbours garden. The builders and project managers had both thought this was ok, as nobody had previously raised any concerns. The neighbours and their families thought differently. Suddenly the encroachment wasn’t ok. Work had to stop to allow resolutions to be sorted. In both cases, it has meant that the roof designs have had to be amended, time and materials wasted and what were good friends now not sending each other Christmas cards. So we would set out some easy steps that may help keep friendships: –
TIPS:
- If you are building onto the boundary, or even in close proximity, check out with your architect at the very start exactly where the eaves, guttering, down pipes are actually going, and whether these will encroach onto your neighbours property. If you can avoid it happening then this is the best way forward.
- If you can’t avoid going over the neighbouring land, then discuss it with the neighbour and if possible their family. Spend time to mark out what it means, show them on plans and ask them to sign an agreement that explains that you have their consent.
- If you’re project needs planning permission and is going over someone else’s land, make sure you sign the correct certificate on the application form, this helps to show that neighbours have been consulted.
- Finally do not assume that your fence line has anything to do with your land boundary line. Fences get moved and often do not depict the true boundary. At the start, ask for a chartered surveyor to come out and take a look. While they are there, you can also get them to work on the Third Party Wall agreement that is needed.