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What to do if you Think a Neighbour is Contravening Planning Regulations

By: Jeff Durham - Updated: 16 Feb 2024 | comments*Discuss
 
Contravening Planning Penalties Planning

With all due respect to our neighbours, we all need to be aware of any planning permission they might want to submit if they’re intending on making any major structural additions to their property, or if they are planning on using their property for a purpose other than what it was originally intended for.

It doesn’t matter how well you get on with your neighbours, planning consent is something which, if obtained, can have a fundamental effect on your enjoyment of your own property. This might include things like the reduction of direct sunlight you receive as a result of new buildings, and there are also issues about your right to privacy.

Alternatively, they may be looking to convert their property in some way for business or commercial use which could have a direct effect on your home life. Assuming that planning permission has been granted, however, then you do have the right to object if you think that your neighbour has failed to comply with the terms of the planning permission agreement.

When Is Planning Permission Needed?

Planning permission is usually needed for the following, although this list is not exhaustive:

  • Building or adding an extension(s) to a property which will affect the external appearance of the building.
  • When you want to divide off part of a property to be used as a separate home, or you want to put a caravan on your land to be used as a home for somebody else.
  • When you want to use your home (or part of it) for business or commercial use.

How Will I Know if my Neighbour has Contravened Planning Regulations?

Firstly, any planning application which is submitted requires the planning department of your local authority to write to all the neighbouring residences which might be affected by the plans. You have the right to inspect those plans and to get copies for yourself. You can also appeal against a planning application, although that does not necessarily mean that your objections will be upheld.

However, assuming that planning permission has been granted, it’s important that you remain alert as to how any proposed development or use of the permission which has been granted is complied with. If you suspect that your neighbour may have failed to comply with everything contained within what was agreed, you should notify your local authority’s planning department at the earliest opportunity.

Obviously, some contravention of what was agreed might be more visibly obvious than other aspects, although the planning department themselves will also have a vested interest in ensuring that compliance is met with completely.

Failure to Comply with the Planning Permission

The council can enforce proceedings against people who have contravened the planning permission which they have been granted in the form of a Planning Contravention Notice. Severe financial penalties can also be imposed and your neighbour can be told to restore the property to its previous state at their own cost, even if that means demolishing a completely new building or structure if it does not comply with what was agreed to in the drawings of the plans.

It’s also important to remember that, in addition to the planning permission, any structural changes will also have to meet the Building Regulations which, although often interlinked with planning permission, are entirely separate regulations which must also be adhered to.

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a neighbour has put in planning for a shipping container to be stored at his house and also put in a large concrete base where he plans to store 15 vintage tractors. We are a semi detached house and this will be a complete eyesore from my windows and i am very concerned about the noise and fumes from the tractors. He said they are for a hobby not commercial. He does not empathise with the fact I have an autistic son in the house who is sensitive to noise and when I have asked him not to burn rubbish near the house, he ignores my requests. I have lived in the house 20 years and he is a new neighbour. I will be objecting to planning permission but would like to know if there are any technical grounds I could object on to make my case stronger? Thanks
EB - 16-Feb-24 @ 4:35 PM
My neighbour has had a side extension to the boundary line, we did not object as in the plansthe front of the extension was going to be a roller door, therefore they could still access the back of their property. However they have altered the extension and put a window in , there bins are now stored at the front of the house and they keep using our drive to access the back. The extension is not finished yet they are awaiting new windows!!! Is this allowed?
Trouble - 16-Jan-24 @ 1:14 PM
Our neighbour was given Planning Permission to build a 3 car garage and workshop on the condition the roof line was lowered to 4metres and there was to be no living accomodation above the garage. 3 weeks ago as the trusses were delivered and as they were swung into place I informed the Planning Department. The roof had not been lowered and the trusses would accommodate a flat. The roof went on at an unbelievable pace and I sent picture of louvre windows in both sides of the roof. Our road is being closed soon for 3 for days to install gas to the property. The enforcement Officer informs me the Planning laws are laid down in such a way that until the flat is occupied she can do nothing. What is the likelihoodof the builder getting retrospective permission for the flat? Is there any civil action I can take to stop gas and the electrics for a flat being installed?
Livid - 9-Oct-23 @ 1:23 PM
Our neighbours submitted plans for an extension which we didn’t object to. We are the mid terrace bungalow of 3. They are having a semi pitched & flat roof with a parapet coming from the base of the eaves (as we know you cannot have the eaves higher than the original property). We have a small garden 4.5m in depth and our neighbours garden wraps around ours. We are now faced with extra height to the party wall of 7500 without the addition of a coping stone. The eaves have been raised 400 and consequently so has the roof. The daylight assessment was done to the original plans, not to the actual build. Planning enforcement are dragging their heels, and we have had to commission a daylight surveyor as our light has been cut drastically. How can they get away with this?
AllyAllyO - 29-Aug-23 @ 9:48 AM
My neighbour has built a garden room at the end of his garden that is so close to the fence he had to stand in our garden to fit the gutter. It is also above the 8ft fence on its sides so the pitch of the roof is even higher. He’s now begun to construct something out to the front of it which brings it even closer to another part of our garden. I’m sure I read you can’t construct anything above 2.5 metres within 2 metres of a boundary. Can any one advise what can be done and where I can take this?
Nettle - 30-Jul-23 @ 4:08 PM
My neighbour obtained planning permission to build a child nursery. The plans state 2.2m high. It is being built approximately 3m. Also, windows are being installed over looking my fence directly into my garden and rear of house. These were not on the drawings. What should I do?
Dom - 29-Jul-23 @ 7:39 AM
My neighbour has dug about 10 foot down on our boundary to level their land which they have walled.The wall on our side is around 6 bricks high and has left us with a massive drop, which is pretty dangerous. He said he would build a fence, but is ignoring my requests. What rights do I have? Michelle
Michelle - 28-Jul-23 @ 7:45 PM
Hi Laura (Crintie) It sounds like planning permission and/or building regulations are not in place as you would have had a letter with their plans and the opportunity to agree or dispute the plans. It might be time to contact your local Council and/or try to find out if you can get a building inspector to go and visit the property. They sound like rogue builders and cutting corners could be detrimental to nearby properties and land. Good Luck Laura!
H - 28-Jul-23 @ 6:40 PM
Builders are completely gutting a house a few doors down from me. It has been going on for months. The work times are completely random. I have not seen one lorry with a company name/logo. I am concerned for the neighbours directly either side - that their houses do not collapse. It appears to be a cowboy outfit doing the work. Also the house is not in a safe location for large trucks and lorries to park. It is right on a mini roundabout. It blocks ambulances, buses and cars. There have been many near misses of very nasty accidents and potential punch ups between builders and terrified cyclists, motorbikes etc. How do I find out if this is a legal price of work taking place? Thank you for you time. Kind regards, Laura
Crintie - 26-Jul-23 @ 8:30 AM
House next door is on the market for sale problem is lean to / conservatory is built over the boundary onto our landEstate agent informed me that it would advertise property with a notice that it had to be taken down by purchasers but no mention of this in estate agent’s paperwork.HELP
Mart - 29-Jun-23 @ 4:50 PM
My neighbour has built a loft conversion without planning permission with big double doors that look down through my roof lantern. He stands with the doors open and watches me whist I'm in my kitchen and now my privacy has gone inside and outside as he stands watching me and my children playing in the garden. We have lost all privacy.
Jenz - 26-Jun-23 @ 10:42 AM
I am in the process of having my house rendered but as soon as they put the scaffolding up my awful neighbour got in touch with the council who sent an enforcement officer round to tell me I needed planning permission to render my detached house. I’ve never heard of this before what happens if I don’t put in for planning. The planning say it’s something they don’t normally bother about but as I was reported they have to take action
Cape - 22-Jun-23 @ 5:19 AM
Hi I bought house, new development in Sept 2022. Build has put fence short of my boundary line (boundary confirmed via map from Developer solicitor!). Neighbour to rear, not part of development has therefore gained and started planting trees etc. Neighbours have been in their property 20+ years but the part they are now using was full of trees etc and all cleared out as part of development.Where do I stand? Neighbours have been haven't sight of their boundary lines and mine but refusing to allow me to move fence. My solicitor getting nowhere with Developer solicitor yet. So I haven't got access to what was sold to me. How is that fair??
SERENDIPITY - 15-May-23 @ 5:07 PM
My Neighbour is planning to do double storey front and rear extension. The architect he is using is a RIBA qualified chartered architect he knows his stuff. The extension does not effect our sunlight neither the privacy also it is below the 50% of the land owned. However I don't want them to get their permission granted as I fear it will devalue my home. What can I do
R786 - 2-May-23 @ 12:36 AM
Our neighbours have placed what looks like a nuclear bunker behind their garage to use as an air bnb. However this has taken away some of our light from our kitchen and they have created a walkway for guests to use which means they will be accessing this new building right up against our hedge, being able to look over into our garden. I don’t think they’ve had planning for this. Not only is it hideous looking we will now have random holidaymakers lioojihg into our garden whereas said guests can’t see into the owners’ own garden because they have built a fenced off area high enough that guests won’t be able to. Feel like reporting them but don’t want to fall out with them either. Have thought about asking them to build a fence along the hedge but it still doesn’t cancel out the fact that we have lost light from our kitchen.
Jaz - 30-Apr-23 @ 7:00 PM
Hello, Similar to Gills comment from 17Mar I have sane issue of 3 windows set to overlook my living room after a self build next door has been granted planning permission. The original windows were much smaller on the plans provided to us so I didn’t initially have an issue. However, now that the skin of the building has gone up, the windows are around 2.5 times bigger and will directly over look our living room. Any ideas of rights here? Thank uou
Fiona - 20-Mar-23 @ 8:01 PM
My new neighbours put in 2 windows at the side of their house.one looks directly into my living room, so I have blinds permanently down.is there anything I can do about this?
Gill - 17-Mar-23 @ 4:24 PM
My neighbour has an outbuilding used as a car workshop which is over 5 metres tall and also within 1 metre of my property. Is this permitted under building regulations as there was no application made when this was erected?
Timber - 22-Feb-23 @ 1:43 AM
The space runningbetween my driveway and my neighbour’s driveway is open to the road edge. This has enabled ease getting in and out of our driveways as we open onto a 6 feet wide lane. My neighbour has now placed heavy sacks in this open area between our driveways which makes it difficult for me to enter and leave my driveway. It is also nearly impossible for delivery vans to drive onto my driveway because a tight angle is now needed but the narrow width of the lane does not allow a wide enough angle to swing in. I have asked my neighbour to move the bags as it is making life difficult for me and making it dangerous for me to get in and out too. He is refusing to move the bags and says he is testing them out in order to erect a fence between our driveways.I have found the Form of Permission from when the property was built in the 1950s and this includes a plan showing our driveways sharing an open space. Please notewe each own our driveways separately as marked in red on land registry plans.The planning permission drawing of the driveways is headed ‘Layout for double access and lay-bys’. Would this form give me backing if I were to approach my Planning department to dispute the placing of the bags/erection of the fence between our driveways?
Sally - 19-Feb-23 @ 8:55 AM
The space runningbetween my driveway and my neighbour’s driveway is open to the road edge. This has enabled ease getting in and out of our driveways as we open onto a 6 feet wide lane. My neighbour has now placed heavy sacks in this open area between our driveways which makes it difficult for me to enter and leave my driveway. It is also nearly impossible for delivery vans to drive onto my driveway because a tight angle is now needed but the narrow width of the lane does not allow a wide enough angle to swing in. I have asked my neighbour to move the bags as it is making life difficult for me and making it dangerous for me to get in and out too. He is refusing to move the bags and says he is testing them out in order to erect a fence between our driveways.I have found the Form of Permission from when the property was built in the 1950s and this includes a plan showing our driveways sharing an open space. Please notewe each own our driveways separately as marked in red on land registry plans.The planning permission drawing of the driveways is headed ‘Layout for double access and lay-bys’. Would this form give me backing if I were to approach my Planning department to dispute the placing of the bags/erection of the fence between our driveways?
Sally - 17-Feb-23 @ 6:42 PM
The space runningbetween my driveway and my neighbour’s driveway is open to the road edge. This has enabled ease getting in and out of our driveways as we open onto a 6 feet wide lane. My neighbour has now placed heavy sacks in this open area between our driveways which makes it difficult for me to enter and leave my driveway. It is also nearly impossible for delivery vans to drive onto my driveway because a tight angle is now needed but the narrow width of the lane does not allow a wide enough angle to swing in. I have asked my neighbour to move the bags as it is making life difficult for me and making it dangerous for me to get in and out too. He is refusing to move the bags and says he is testing them out in order to erect a fence between our driveways.I have found the Form of Permission from when the property was built in the 1950s and this includes a plan showing our driveways sharing an open space. Please notewe each own our driveways separately as marked in red on land registry plans.The planning permission drawing of the driveways is headed ‘Layout for double access and lay-bys’. Would this form give me backing if I were to approach my Planning department to dispute the placing of the bags/erection of the fence between our driveways?
Sally - 12-Feb-23 @ 11:23 PM
My neighbour has built a Lean to Roof ( which is a huge structure ) onto our extension wall, no party wall agreement was put in place, nor was any Building Regs, They have excavated a Padstone near our foundations and no building Regs were put in place or Plans or Designs submitted to the council, I got a Surveyor out today, who said I need to get in touch with the Building Control department and go from there .... Hellllpppppp any advise would be great x
Lindzlace - 10-Feb-23 @ 2:36 PM
Hello!I am really annoyed ... the 2 bad bungalow next to me has been bought by a developer and he is turning it into a 5 bed, 5 bath monster.The impact on our bungalow and quality of life after 40 years is incredible ...loss of light, loss of privacy etc.It is totally against the street scene as it is surrounded by small bungalows and 3 bed semi houses.All of the neighbours objected.The parish council rejected the plans and the local area council rejected the plan - so this developer took it to the Independent Inspector at Bristol.The inspector came and viewed in the middle of covid and went back to Bristol and passed the plans. Total disregard to our area and neighbourhood we live in.Now, after 3 years they have started the development which they say is for their own 3 generations of family.They are definitely not following the plans that were passed and are building different to the plans.I have contacted the local authority who are very slow to follow it up. They just say they have written to the owners/developers but had no response.Does anyone have any suggestions as to what to do next?
Quietlife - 1-Feb-23 @ 3:16 PM
I live on a self build estate and we all agreed to finish building work by Easter 2020. One family treats the build like ahobby turning up for a couple of hours at weekends, It is a complete eyesore and we all feel like it will never be completed as there has been very little progress in the last 2 years. Estate agent has told us it is devaluing properties by as much as £50,000. We have tried to appeal to their better nature but to no avail. Do we have any rights whatsoever?
fed up - 29-Jan-23 @ 6:23 PM
My neighbour constructing a building of 6floors without proper setbacks but they have permission only for 2floors not only that they are combinedly constructing the building with other house without GHMC permission which is illegal. I approached to the commissioner GHMC but in vain. Till date no action has been taken against the illegal and unauthorised construction.
Swarna - 18-Jan-23 @ 11:58 AM
My neighbour guy building a extension in the garden this is I think I build it 5mons ago and slow slowly bring things and it's all rubbish like toy cars Nd kids bikes and lots of rubbish the garden looks junk shop now.one time I spoke tha lady living in that house but now she is not living there she said that guy not really tenant in that house and they have 5yrs old boy and the behaviour is really not good he is awake till late even the mum ..everyday all heard in that house are screaming not only the child even the guy the worse he doing is he burn I don't know what is that and the fire really big and the smell of that thing is really bad smell like terrible I don't imagine what that 5yrs old boy life I really don't know
Tel - 3-Jan-23 @ 1:22 PM
Hello, My sister has recently heard that planning permission has been approved opposite her house. She also has a holiday rental next door which is her primary income. Of course building works will have a huge impact on her ability to let her holiday home. Does she have any grounds to appeal the planning or any loss of earning compensation she can claim? Many thanks
Chris - 3-Oct-22 @ 8:39 PM
I share the freehold of a house with 4 others. They want to build storage right outside my flat in the open space basement which would impact my life in a very negative way e.g. lots of traffic, noise and disruption and it would make my flat look like it’s in the storage area as opposed to the others flats who won’t have the stigma of being situated by the storage cupboards.So it’s a devaluation of sorts for me.(It’s Grade 2 listed building) Any thoughts on how to stop this “land grab” by the other freeholders?
Monti - 21-Sep-22 @ 12:58 PM
Hi, I am looking for advice. My neighbour next door but one has extended his house recently. I have seen the plans but it appears to me he has built a larger extension than has been approved planning permission.Also, he has extended his garden into an area of land that is to the rear of our properties. The land is owned by the builders of the housing estate when it was built 40 years ago. It’s a semi overgrown piece of land with a lot of wildlife and fruit trees etc. in the course of his extending his garden he has destroyed part of a orchard with a digger and demolished grassland.I addition to this his property borders a railway. I am pretty sure he has extended into the railways property as well.I really don’t approve of the damage he has done to the wild land at the back of our houses. Destroying nature for no reason actually he has dumped a lot of building waste there. Shall I report him to the council for the larger extension? The owners of the land he has extended on to? And also national rail? We all have to follow rules in life and respect the property of others. Some people are incredibly selfish and need to be taught a lesson.
Maggie - 11-Sep-22 @ 11:51 AM
Workmen began landscaping our neighbours garden. We were not told about any of this work. It first began about 3-4 months ago, when 4 men were in our garden. The houses are nearly 100 years old and there's never been a fence, just a hedge and some trees, which were on our side of the garden. They started ripping out, from their roots our fruit trees, shrubs and Rhododendrons. I went outside and told them to stop after noticing our trees, plants and shrubs in my neighbours front garden. I explained to them that they are ripping out, damaging and destroying our property. The older man said that it was the neighbour who told them that that was what she wanted them to do. A couple of days later they hired a mini digger, smashed our garage window and pulled up (by hand!) the mini digger to the back of the garden, where they began to remove tons and tons of soil and bring it down to the lower garden. Creating a level, which is a good 3-4ft higher than their neighbouring gardens. The final straw was when they climbed a huge tree (it was nesting season at the time) and began to saw off branches. Again I went out and told them that that tree is on the other neighbour's border. At this point the neighbour came out, I explained to her that it was nesting season and that she should ask permission from the neighbour, with whom the border is shared. She said that she's asked the workmen to remove the nests. I pointed out that it is a criminal offence to do that. These men soon left and did not come back. Then approximately 2 months ago. Once again, without any notice from our neighbour, I saw 3 men in the garden. After about 10 minutes I went outside, I briefly explained about the previous experience we had had. Damage has been done and no one (workmen or neighbour) is correcting or footing the bill that has incurred due to their negligence. The recent workmen/man firstly dug holes and placed concrete posts in our garden, claiming that they are putting up the neighbours fence. These holes caused root damage to our remaining trees, shrubs and plants. We told the neighbour that we will have to get Land Registry involved, to which the neighbour quickly replied, no, no need for that. Having looked briefly through the ownership of the land, it appears that the neighbours land is leasehold, not freehold. They have built a huge and tall decking area right at the back of the garden, which now overlooks a primary school playing field. I am aware that they have not had planning permission and these builders have not asked for the relevant paperwork. Just today, one workman was standing on our garage roof in our garden, the garage has already been damaged due to the previous workmen slamming the arm of the mini digger into it. He then proceeded to remove bricks from our wall above our garage. I have looked to see if they have work vans or any sign of advertising their company, but they do not, which begs the question: Are they insured? Any help and advise on what I
H - 25-Aug-22 @ 1:34 PM
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