UK law does support the adage that an Englishman’s home is his castle, so in most cases your neighbour is perfectly entitled to add to and take away from his property at will, so long as the adaptations that he makes don’t impinge on your own castle!
It’s perfectly acceptable to make minor changes to your property without planning permission, by putting up walls and fences, for example. This sort of work is classed as part of your 'permitted development rights'.
In October 2008, these rights were extended so that they cover more building projects. The sort of work that can now be carried out without having to apply for permission includes:
- Conservatories
- Home extensions
- Installing solar panels
- Roof alterations
- Laying patios and driveways
Some of the work, such as conservatories and extensions, does have to comply with regulations that take into account the dimensions or the position. If you think Your Neighbour's Work Doesn't Comply With Regulations, you can check the legal position on the UK Government Planning Portal website.
Projects that do Need Planning Permission
- Extending a flat or maisonette
- Dividing off part of your house to be used as a separate home (self-contained flat, for example)
- Building a completely separate house in your garden
- Dividing off part of your home to use as business or commercial premises, like a workshop, or adding a parking space for a commercial vehicle
- Anything that could obstruct the view of road users
- Anything that might need a new or wider access to a trunk or classified road
Loft Conversions
Under the new rules, you no longer need permission for conversions that don't exceed 50 cubic metres, if you live in a detached or semi-detached home and the conversion will not go within 20cm of the eaves. However, any work your neighbour does which might impact on the structural strength or support of any party wall (a wall that sits on the boundary line between you) must be notified to you in writing, giving you a chance to inspect the plans and make sure they don’t impinge on your property.
Party walls are covered by the Party Wall Act of 1996, which clarifies the procedures that anyone has to follow if they intend to make any changes to a party wall. It says that any works carried out to a party wall have to be agreed in writing at least two months before the work starts. If you’re the neighbour being notified, you have a duty under the law to not be ‘unduly obstructive’, so if you have a reason for objecting to the work, it has to be valid, and can’t just be that you don’t want to put up with the noise of the workmen, for example!
Conservatories and Extensions
Around 60% of conservatories will need planning permission due to their size and location. If the planned conservatory takes up more than 50% of the available land, or faces a road, then it’s going to need to be approved. If it’s being built on the side elevation, it’s not allowed to be more than 50% of the total height of the house without permission. There are also regulations that set out the total allowable height and depth of a conservatory, depending on whether the property is detached or semi detached. You can find all these regulations on the Planning Portal.
Extensions are also subject to similar regulations, and again if your neighbours planned work falls within the guidelines there is no legal need for him or her to ask your permission or seek planning permission.
Your email won't be published. Comments are moderated before appearing.