A neighbour built an extension three years ago which affects the view from my property; I just realised we?

Question

never received a letter from the council prior to it being built, asking if we had any objections.
Presuming we should have, is it to late to do anything about it?

property is in UK

Answer 1

I'm afraid so, and by law your right to light or a view is not a valid reason to object.
The notice of the required planning application will have been published in your local newspaper.

Answer 2

In the UK there are certain permitted development rights for householders to build extensions, erect garden sheds, garages and the like or to put up boundary fences. There are of course restrictions on height and volume but if these are adhered to then no planning permission is required. Where this occurs a neighbour has no right of objection. Sounds a bit harsh but that is the way it is I am afraid.

When a development is to exceed the permitted development rights then an application should be made to the Council and thereafter the neighbours should be consulted to ask for their comments within a specified time (usually about 3 weeks). The decision will then be made and if approved, neighbours have no further rights to object or appeal, unlike the applicant who could appeal against a refusal.

It is not unusual however for a householder to simply have an extension built which exceeds the permitted development rights without seeking permission. Many get away with it because the Council do not know about it - extensions are usually built at the back of houses and are out of sight. Once such an extension has been up for 4 years or more it is then immune from action and becomes lawful by default. If you want to check on the status of the extension you can speak to your Local Planning Authority or get a competent Planning Enforcement Consultant to check it out for you. It would be less than a couple of hours work for a professional and probably cost around a hundred pounds. At least you will know for sure. Hope that helps

Answer 3

Where do you live? In the UK planning permission must be obtained for any building which extends the original by more than a certain percentage. Also planning permission is generally not given for building work which would block light from neighbours if the said extension falls within 45 degrees of a window and is within a certain distance of the neighbours house.
Having said this, it differs from area to area and there are local bye laws which can come in to action.
Generally, any building without planning permission which is less than 12 years old could be subject to a demolition order. You need to contact your local council to check if permission was granted etc.

Answer 4

First you should figure out if you live in a glass house. If you do by all means call I am sure there is a government official sitting around with nothing to do but run out to start harassing your neighbor. Although it could be that government officials fault that did not make sure you got the letter they are the best at screwing up and making mistakes. Either way you won't look very nice and when they come out to harass your neighbor I am sure they can find something on your property not up to code no good deed goes unpunished.

Answer 5

In eire the land rules are very comparable , and as between the solutions , the time-physique would possibly no longer rely if the blunders broke the regulation interior the 1st place , this may be picked up on an internet site survey if the valuables went up on the marketplace and can desire to reason problems , if for no different reason than destiny proofing your sources get this regarded after by a solicitor faster quite than later

Answer 6

Hmm...
The law has a tenet known as Laches. which might apply here.
Here's the definition:

LACHES, DOCTRINE OF - Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.

Since three years has passed, I THINK you're out of luck. However, I'm no lawyer, and you might want to ask someone who has "esquire" after their name.
Good luck!

Answer 7

where i am you can still object but it might be deemed unreasonable by the court because the building has been up so long and the courts dont look favourably on those who opt not to exercise their rights for so long. However the burden was on the council to bring it to your attention so im not sure. The neighbour might be ordered to pay some damages but im realy not certain. the laws differ in different areas

Talk to a lawyer

Answer 8

I think you will find that you were informmed by advert in your local rag. This is standard practice when public opinion is required with regards to building reg's. It's not the council's falt or your neighbours if you don't read the public notices section of your local news paper.

Answer 9

I think you missed your chance.
I would imagine the council were giving you the chance to object to planning permission, and as you didn't, it was granted. Your neighbours were then legally allowed to build their extension.
If they built outside the planning application, you may have grounds to object on that basis, but not on the original application as it went through.

Answer 10

I would try and file a complaint. He may not have gotten permission. There is probably a time limit. An important question they may ask, why did it take you 3 years to realize it is a problem? Make sure you have a good answer.