Member Since: 17 Jun 2011
Location: Whitstable
Posts: 1429
Building on border
I have a new neighbour who is building a new house from scratch. They have built a shed base 12 meters long exactly on our shared border without prior agreement from me. The concrete base is 30 cms high on top of raised ground from the build spoil and a 2.5 mtr shed (s) is proposed to be built on this with a sauna also on the border. I have already said that I do not agree as , if I did , i would allow hour new neighbours access to our side of the border to maintain their shed/fence as they intend the new shed to be the fence between our properties. I also disagreed as and prospective buyer of our property may not like this huge shed structures and ask for a reduction due to neighbours having access from our side.
Question is - is this a regular problem whereby I have no rights or do I have any rights due to wooden structure shed being built exactly on our shared border? All this is within 5 to 8 mtrs of our house at the rear. The proposed wooden building is 2.5 mtrs on top of the 30 cms concrete base which is already on higher ground from the spoil from house excavations.
Oddly enough I get on well with the new, younger, neighbours ours but it was pointed out to me that we have always given and helped them but nothing in response over a 2 year build. When I pointed out where wouldn’t the guttering be, overhanging our garden, they were surprised and said they would run a pipe to a domestic drain! They are architects 6 LRs last one 2009 HSE D3.
Current D5 HSE LUX 2019.
btw ... i think you're posting in the wrong bit of the forum. This isn't a "pointless post".
11th Oct 2022 9:20 pm
Journeyman
Member Since: 27 Sep 2020
Location: Hampshire
Posts: 255
This would definitely fall under the Party Wall Act and with them being architects, they probably know exactly what they are doing and that they should have served notice on you.
My recommendation is to firstly do your own research on the web as Hardware says but it can be confusing. Definitely seek legal advice from a specialist party wall solicitor urgently. Most will provide a 20-30 minute free initial consultation to explain where you stand.Cheers,
Jez
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11th Oct 2022 10:25 pm
LT
Member Since: 31 Dec 2005
Location: South West
Posts: 23415
I’d talk to your council planning office in the first instance.
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11th Oct 2022 10:30 pm
pjm-84
Member Since: 04 Oct 2016
Location: Hampshire
Posts: 2454
Journeyman wrote:
..... and with them being architects, they probably know exactly what they are doing
Trust me I've met a lot of Architects and this made me......
11th Oct 2022 11:53 pm
terryall
Member Since: 17 Jun 2011
Location: Whitstable
Posts: 1429
Thanks for replies. I understood that the party wall act only applies to brick constructions and not wood - as the proposed is intended to be. But they have to have a written agreement with me to build exactly on our shared border, which has not been agreed and wont be by me.
I thought there was some rules about building a wooden structure ( combustible) which would be over a certain square metre footing within a certain distance from a main residence ( over at least 25 sq mtrs and approx 2 or 3 mtrs from their own house and 4 or 5 from mine).
I agree about the comment on architects. I think they took Uxbridge when I said “ I like you as people but I don't have to like your designs”.
Interestingly, this is quite a large developement next door to me of 3 new houses on a large plot. Two of these are owned and designed by architects and have undergone many planning changes particularly to roof design since planning permission was given. At no stage have the local authority visited the site since Covid, or ever, as an appointed inspection company oversee all work. Any queries have to go through them
So I wonder who appoints them in the first place?6 LRs last one 2009 HSE D3.
Current D5 HSE LUX 2019.
12th Oct 2022 1:45 am
Journeyman
Member Since: 27 Sep 2020
Location: Hampshire
Posts: 255
pjm-84 wrote:
Journeyman wrote:
..... and with them being architects, they probably know exactly what they are doing
Trust me I've met a lot of Architects and this made me......
Ha ha, so true! I meant in the context that they will know all about The Party Wall Act and what they should/shouldn’t do.Cheers,
Jez
Discovery 3 HSE Stornaway Grey
MY 2008 2.7 TDV6
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12th Oct 2022 7:39 am
smaskins
Member Since: 16 Jun 2009
Location: SE London/Kent
Posts: 295
I am looking into having a “garden structure” built and shed man said that if it is over 15m2 then it would need to be at least 1m from boundary or I would need to get some kind of council involvement. I would then also need a soak away if I went down that route. And the 2.5m height is from GROUND to the highest point.
12th Oct 2022 8:27 am
terryall
Member Since: 17 Jun 2011
Location: Whitstable
Posts: 1429
That was exactly my point to the builder and owner when I pointed out the base is 30cms and the shed will be 2.5 mtrs so over height but they seemed to ignore that fact. Then I asked the owner ( architect) where will the rainwater go or gutter as it would overlap my garden and this completely baffled her as she had not thought about that. So, at the moment they have a concrete base on top of raised land of approx 35 feet by 7.5 feet but no plans to do anything for a while. I’ve asked the local Planning Dept what their policy is re garden building and borders and got a reply that did not answer the question but I will go back to them.
What actually annoyed me about all this was that I do a lot of gardening and have a large garden where I grow a lot from seed in my greenhouse which is right next to their proposed shed. The new structure blocks light to all but the top far shelf in the greenhouse and when I raised this point I was asked could I move the greenhouse. Bit of a cheek I thought considering all the help I have given them over the last two years this build has been going on.6 LRs last one 2009 HSE D3.
Current D5 HSE LUX 2019.
12th Oct 2022 8:39 am
knwatkins
Member Since: 19 Sep 2018
Location: Poole, Dorset
Posts: 716
smaskins wrote:
if it is over 15m2 then it would need to be at least 1m from boundary or I would need to get some kind of council involvement.
This is correct. If between 15m2 and 30m2 and within 1m of the boundary and built of combustible materials (eg. wood) the building is subject to building regulations.Kev
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12th Oct 2022 6:55 pm
Green Land Rover
Member Since: 21 Oct 2017
Location: Stourbridge
Posts: 408
This is a good resource
https://www.planningportal.co.uk/Discovery 4 HSE - Aintree Green
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Member Since: 06 May 2006
Location: Halewood
Posts: 298
Please keep us all in the loop as to how this continues and is resolved - very interesting2008 D3 HSE Stornoway Grey with Ebony Leather, towing a Coachman VIP 575
12th Oct 2022 9:59 pm
pjm-84
Member Since: 04 Oct 2016
Location: Hampshire
Posts: 2454
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3641
May be worth checking if you have "Legal Expence" or "Legal Protection" cover under your home insurance, as that would usually provide advice and legal assistance for disputes over your property/infringement of your rights as owner of the home.
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