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

By: Jeff Durham - Updated: 14 Jun 2019 | 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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I am a resident of a DDA society in dwarka living on the 1st floor of a 4 story apartment building. After many years of living in this apartment My down stairs neighbours finally moved in and indoing so also built up their ground floor verandah into rooms. When doing their co instruction they had confirmed that if and when. We want to build atop the same they would have no problem and even extended the pillars they placed in a way to accommodate what was promised to us. All this was done with appropriate consideration to paid at the time of construction. Now that I am ready to build they wont let us build which seems to be coming from an ego fit that they are having as they have encroached a much larger space than they had originally suggested. I am of the firm belief that the society president will affirm. Our request to build but I would like to know what options I have just incase it doesn't work out with requests and amicable solutions thereof. Thanks AB
A.BHARAT - 14-Jun-19 @ 3:24 AM
The planning failed to notifiy us that an application was repositioned 16 metres closer to our house. The planning said at first it was a processing error. Then second reason stated 'as it was only 16 metres closer it was not necessary for neighbour notification'. The ombudsman's investigation found it was a conscious decision not to notifiy us. The planning admitted failures in administration and applogised. Then to add insult to injury the applicant continues to build the house and built it higher than allowed. The applicant applied for retrospective application and got it passed. I have contacted several solicitors and disappointed as cannot guarantee we would win the case and could costs alot of money. Where do we go from here?
Roma - 11-Jun-19 @ 3:04 AM
My new neighbor is turning the house into a HMO He did not place the required notice of proposals in our street and therefore nobody had any ideas of his converting this mid terraced of 4 house into a HMO. Once we were aware of his proposal 48 of the 50neighbours signed a petition against this.He is the 49th and the 50th decided to stay on the fence. Does anyone have any ideas?Know what my rights are?Please if you can Help me,I am 68 years of age.
Fuzzball 68 - 25-May-19 @ 12:24 AM
My neighbour has built a large patio on level with his house which is situated at a higher level than our property this looks straight into my house and when they stand on the patio they are at our head height.Surely this can't be right. What can we do
Smithie - 19-May-19 @ 8:23 AM
My neighbour has built a metre higher than submitted plans and 400mm wider, I addition have damaged my property, is this legal
Barbsie - 7-May-19 @ 3:34 PM
We live on a main road and have a side driveway.. on which we have two cars parked. Behind which is access to our garden and an annex which we have converted into an wheelchair adaptable living space for my Mother who suffers from a severe form of MS. When we have both cars parked, at the moment there is an 'open space' on the neighbours side in which you can walk through and take a wheelchair comfortably through..... However, my neighbour who currently uses their property as an office is planning on changing the property into 4 different sections/flats.. Their plans include extending the current fence/gate further forward to the front of the property... thus taking away from the open space currently used by my mother to go in and out of her annex. If they were to do this... it would mean there would be minimal space for her wheelchair and pretty much no space to get in and out of the car from the neighbour side either.... So is there anything we can do to? So my mother can maintain her wheelchair access area?
Jay06 - 20-Mar-19 @ 11:59 AM
My mum has been living in her house a yr. it has a very small garden.A neighbour has a stable door which used to access the back garden when the buildings belonged to him.He is now to only come into her garden if he needs access to that side of the roof. He however insists of having the stable door wide open into my mothers garden as he says birds come in and out. My mum wants the door shut as it infringes on her space and is quite ugly. How does she stand. I would say that because it is basically a stone building that is on her boundary and is uninhabited, that she can just close the door and keep it shut. Any thoughts???
mad dog woman - 12-Jan-19 @ 9:19 AM
I live in a mansion converted to flats and the owners self manage, so no Management company involved. It was converted in the 80’s. A new owner has decided he will use another flat’s flat roof as a roof terrace. The owner of the flat roof is very concerned about the flat roof not able to bear the weight of people walking on it as a tenant a few years ago damaged the roof and it leaked when it rained. We’ve asked him not to use it but he’s ignored us. We don’t think it’s got planning permission or building regs but I don’t know how to find, anyone got any ideas?
Mags60 - 16-Nov-18 @ 1:30 PM
I have a vacant plot of land adjacent to my 200 year old house in the Chiltern District Council area, Bucks. Planning was rejected two years ago, the same farmer is planning to put a temporary building in order to claim residence. Does he have the right to do this? Please advise.
Ann - 29-Oct-18 @ 9:52 AM
I suspect the neighbour breached building regulations in the building of his extension (some years ago) I've checked on the Council Website and there is no record for any applications for planning permission for his address. How would I be able to find out (if possible) if my neighbour followed Building regulations. Is there any time limit on Building regulations or is a hypothetical failure to follow building regulations lasting?
BLL - 8-Oct-18 @ 7:46 PM
My neighbor who is 20yearsolder thanmy grandson who is now 18 came overand came over and punched him or try to and then his wife came over with the dog ate it slapped him they said that he flipped her off in the morning and my grandson did not know anything about it at the time or side so are they alive then they press harassment charges onhim what can I do
Cathy - 6-Oct-18 @ 12:53 PM
My neighbour has built a kitchen extension but his builder has built up our kitchen wall over roof level as he said this was the only way he could seal it. They haven't put on the pitched roof yet but I think they are trying to rest one side on top of the raised wall on our flat roof. Also the wooden beam laid on the other side looks like it would overhang my property. I think I need to consult the council planning department because if ever I build a kitchen extension I'd be restricted by my neighbours work.
Jazzy - 3-Oct-18 @ 7:12 PM
We build a garage at our back garden less than 30m2 and 4meters hight with piched roof 6meters from our house. Without planning permission. Couple time chek it before we don't need permition to this size building. But our neighbours don't like how hight It is now. They inform about us to government. And told us to wait when some one will came to check It. Do I need to worried about It? Is there is any chance that we will need destroy it after.
Brigete - 3-Oct-18 @ 4:18 AM
SY - Your Question:
We are thinking about doing a double storey extension in the back garden basically extending the current kitchen and a bedroom on top. Our problem is the neighbours brick shed which is attached to our shed both in our garden. we are willing to pay the neighbour or move the back of our garden. they don't have big garden that's why I think we have their shed. All our street is similar one garden has both shed. what or who has the right to those shed because we want to remove ours for extension purpose please advice. we are desperately in need of a fourth bedroom but unable to make loft as restricted for height issues in our loft. - many thanks

Our Response:
Your title deeds may explain about the brick outhouses/sheds, we can't really comment without much more information.
ProblemNeighbours - 10-Sep-18 @ 11:58 AM
My mother who is 84 has been subjected to an entire summer of building works on one side the noise is so extreme that she has not been able to sit in her garden at all. The dust is extreme and is affecting her eyes. She is afraid to complain and cause a rift. But now it gas gone too far and the neighbour is avoiding her. The dust Is in side and outside the house. Where should she go for advice? The worst scene is the attached side where a beam has been removed which is part of a major structural supporting beam in her house. She’s really desperate. Can anyone advise?
Karina - 4-Sep-18 @ 9:46 PM
we are thinking about doing a double storey extension in the back garden basically extending the current kitchen and a bedroom on top. Our problem is the neighbours brick shed which is attached to our shed both in our garden. we are willing to pay the neighbour or move the back of our garden. they don't have big garden that's why I think we have their shed. All our street is similar one garden has both shed. what or who has the right to those shed because we want to remove ours for extensionpurpose please advice. we are desperately in need of a fourth bedroom but unable to make loft as restricted for height issues in our loft. - many thanks
SY - 3-Sep-18 @ 1:47 PM
My neighbour at the back of us has had a loft conversion with a dorma add on. Changed the roofline and had a double door at the back with no balustrade or balcony. The double door at the back now overlooks our house, especially compromising the privacy of my teenage daughters bedroom. I have checked the local authority planning application and no application has been made. Is there anything I can do or someone I should speak to ?
Coops - 31-Aug-18 @ 1:04 PM
sal - Your Question:
My neighbor has moved his bathroom to over his front door,the breather pipe for the toilet does not go up the wawall and the drop on the main toilet pipe well there isn't one it flows round the corner to the back of the households but it's lever(no flow downhill) is he breaking building regs?

Our Response:
The easiest way to establish this would be to talk to you local building control officer.
ProblemNeighbours - 29-Aug-18 @ 10:57 AM
My neighbor has moved his bathroom to over his front door,the breather pipe for the toilet does not go up the wawall and the drop on the main toilet pipe well there isn't one it flows round the corner to the back of the households but it's lever(no flow downhill) is he breaking building regs?
sal - 26-Aug-18 @ 5:39 PM
My downstairs neighbour was planning to build a big extension and applied for planning permission. It meant that my balcony which sat over his existing extension would have to be replaced. He then ran out if money and fell out with his architects and builders and moved out, renting his flat to tenants. Recently while I was on holiday he demolished my balcony and covered his extension with some waterproof cover - raising the level and with no visible drainage system. My balcony doors no longer open and I fear rainwater will fall towards the house (my flat) soak in the brickwork and cause damp. The problem is my balcony was built by the previous owners without planning permission and is not demised on my lease. It does not officially exist and despite havingbeen there for more than 10 years, its was built in defiance off planning refusal. I inherited all this and now have to decide what to do. I don't want to negotiate with the difficult neighbour as he is not trustworthy. I would like to build a small balcony bolted to my home - with enough room for a chair. But as I am not the freeholder I can't really touch the outside. He is not the freeholder either. I thinker has done the work ion breach of building regulations and without informing the freeholder whose tesponsibility this is. I don't want to be a snitch nor do I want to start world war 3 by reporting him to the Council and to the freeholder - but I have to make my flat safe and replace the non demised balcony either with a Juliet balcony (which the Council would allow but which is really the freeholder's responsibility) or preferably something a little bigger to replace my lost (non demised) asset. The freeholder is notoriously lazy, shady and reluctant to do anything that won't make him money - which this would not. What is my way forward?
Pascale - 17-Aug-18 @ 2:19 PM
My downstairs neighbour was planning to build a big extension and applied for planning permission. It meant that my balcony which sat over his existing extension would have to be replaced. He then ran out if money and fell out with his architects and builders and moved out, renting his flat to tenants. Recently while I was on holiday he demolished my balcony and covered his extension with some waterproof cover - raising the level and with no visible drainage system. My balcony doors no longer open and I fear rainwater will fall towards the house (my flat) soak in the brickwork and cause damp. The problem is my balcony was built by the previous owners without planning permission and is not demised on my lease. It does not officially exist and despite havingbeen there for more than 10 years, its was built in defiance off planning refusal. I inherited all this and now have to decide what to do. I don't want to negotiate with the difficult neighbour as he is not trustworthy. I would like to build a small balcony bolted to my home - with enough room for a chair. But as I am not the freeholder I can't really touch the outside. He is not the freeholder either. I thinker has done the work ion breach of building regulations and without informing the freeholder whose tesponsibility this is. I don't want to be a snitch nor do I want to start world war 3 by reporting him to the Council and to the freeholder - but I have to make my flat safe and replace the non demised balcony either with a Juliet balcony (which the Council would allow but which is really the freeholder's responsibility) or preferably something a little bigger to replace my lost (non demised) asset. The freeholder is notoriously lazy, shady and reluctant to do anything that won't make him money - which this would not. What is my way forward?
Pascale - 17-Aug-18 @ 2:18 PM
Sjn - Your Question:
My new neighbour has built a garage and raised the hight of the ground in his garden with hard core and pebbles with an obvious slope into my property. Before this the ground on his side was undulating and grassed and the rain water drained away, now the water runs into my property. Although I am on a lower level I have not had this problem on the boundary before, I have lived here for over twenty years. Can you advise my legal rights please, since I questioned his plans they no longer speak to me or my wife so no point of going down that route.Njs

Our Response:
Common law requires property owners touse their land in a way that does not increase the risk of flooding to a neighbouring property. There is however, a natural right of drainage that allows water that flows naturally across neighbour A's land to flow downhill naturally to neighbour B's land. Neighbour A cannot however,artificially channel water in a way that will cause damage your neighbour B's land.
If the work of your neighbour has resulted in this "artificial" channelling, you may be able to seek damages/redress in the civil courts. Seek advice from a legal professional first.
ProblemNeighbours - 8-Aug-18 @ 2:19 PM
My new neighbour has built a garage and raised the hight of the ground in his garden with hard core and pebbles with an obvious slope into my property. Before this the ground on his side was undulating and grassed and the rain water drained away, now the water runs into my property. Although I am on a lower level I have not had this problem on the boundary before, I have lived here for over twenty years. Can you advise my legal rights please, since I questioned his plans they no longer speak to me or my wife so no point of going down that route. Njs
Sjn - 7-Aug-18 @ 11:13 AM
Bobby - Your Question:
Hey, This is a bit complicated but basically we have a really bad relationship with our neighbours. We did an extension and they did theirs 2 years before. Thing is, because we live in a conservation area, they've built theirs higher against the planning permission they were given. The difference is noticeable when comparing both houses. Is there anything the LPA can do once the building the extension has been built?

Our Response:
Yes they can make the owners remove it if it doesn't comply with conditions stipulated in the planning consent.
ProblemNeighbours - 31-Jul-18 @ 11:45 AM
Hey, This is a bit complicated but basically we have a really bad relationship with our neighbours. We did an extension and they did theirs 2 years before. Thing is, because we live in a conservation area, they've built theirs higher against the planning permission they were given. The difference is noticeable when comparing both houses. Is there anything the LPA can do once the building the extension has been built?
Bobby - 30-Jul-18 @ 10:03 AM
My neighbour has built a garden building with the wall on my side serving as the boundary between our properties. He has installed two windows about 1 foot high and 3.5 feet wide which open onto my property/ garden. So physically the open windows will encroach upon my space/airspace! I have windows near there also but they are within my boundary- about 1 metre from the edge. His windows look directly at mine. Is there something I can do about this? The guy is a bully and he is relying on the fact that I am a single woman who he can intimidate.
RK - 29-Jul-18 @ 7:54 AM
Hi A few months ago my neighbour claimed he had a leak in his property and that the cause of the leak was our roof?.On inspection by a roofer I called he said the problem was not with our roof but the roof of our neighbour.The roofer explained this to my neighbour and in doing so highlighted that when in the past my neighbour had a new roof put on his house the work had actually encroached on to our property by about 12inches.Since this we have had no communication with our neighbour and are at a loss as where to go next.Please could you help. Thanks
Paddy - 25-Jul-18 @ 9:42 AM
None - Your Question:
Hi Jeff. And to anyone who can help with my upcoming question. Can anybody tell me. What is the time frame , after a building development has been completed. Can you file a complaint. Either due to Party wall. Non adhereing to submitted plans or any other building irregularities and breaches. As I have had various answers. None of which are confirmed and I can' t see to find a definitive answer. I have been told. 5. 9. 12. Yrs is the time frame but cannot find confirmation. If any body knows. Please give me the answer.Many thanks.Dawson.None.

Our Response:
This would be a separate legal issue, not associated with the party wall act. If you feel a neighbour has not completed work in line with building regulations, you could try talking to your building control officer.
ProblemNeighbours - 23-Jul-18 @ 10:42 AM
Hi Jeff . And to anyone who can help with my upcoming question . Can anybody tell me . What is the time frame , after a building development has been completed . Can you file a complaint . Either due to Party wall . Non adhereing to submitted plans or any other building irregularities and breaches . As I have had various answers . None of which are confirmed and I can' t see to find a definitive answer . I have been told . 5. 9 . 12 . Yrs is the time frame but cannot find confirmation . If any body knows . Please give me the answer . Many thanks . Dawson . None .
None - 19-Jul-18 @ 2:27 PM
Hi . Can anybody give me a suggestion to my plan of action . To my above query . Having many sleepless nights . And I have a health condition . That requires sleep rest and calmness . I have been told by several builders my situation should be investigated by planning enforcement . But as above stated . Building control have stated that you dont have to adhere to submitted plans if you have permitted development . This has been contradicted by several sources of construction personnel who I have seeked information and advice from . Could someone please browse through my above query and if they have any proactive suggestions . Please give me your view or knowledge on the matter . Thanks . Dawson . None.
None - 17-Jul-18 @ 8:27 AM
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