what can i do? he has dug foundations 2ft away from the party wall
2007-09-12 23:26:36 · 22 answers · asked by alan d 1 in Home & Garden ➔ Maintenance & Repairs
He may not need to serve you formal written notice. if he has got planning permission from your local council.
contact your council and ask there advise on the situation.
2007-09-12 23:31:02 · answer #1 · answered by Raine 5 · 1⤊ 1⤋
The extension will have needed 'building consent' from the council. ring building control to check.
You should of had a letter from the council to inform you (if your the owner). If no consent given, probably will not stop the extension, just delay it.
there is also a 10% rule, for listed buildings,
Extension must be no more than 10% of current building and must have planning permit ion. Should of been a letter shown for a month or so, eg fixed to a lamp post.
Very serious issue if the building is listed and extension has no permit ion, will probably stop the extension being build.
2ft from the party wall. do you live in a terrace or semi detached house? sounds like you should of had some notice of sorts.
Building must comply with Current building regulation. eg new insulation rules. You could make life very difficult for next door (though its healthier to try and get on)
2007-09-13 06:37:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
When a planning application goes into the planning department for approval the council notifies all adjoining land owners of the application. The adjoining land owners then get a period of time when they can contest the application. Has your neighbour had planning permission granted already or is he just preparing the site for when he expects permission to be granted? Any building work in the UK requires some sort of permission so as to ensure the work meets current building regulations. If you are building within the boundaries of your existing house i.e converting a garage or attic then a building warrant is enough but if you build outwith the building i.e an extension then full planning permission is required.
2007-09-12 23:36:43 · answer #3 · answered by Anonymous · 1⤊ 0⤋
He should have served notice on you under The Party Wall etc. Act 1996, and also should have supplied you with a copy of the plans for his extension. Go to your local Council's planning office and you should be able to pick up some explanatory booklets free of charge. I think you will need to see a Solicitor experienced in property matters. Good luck!
2007-09-16 10:43:17 · answer #4 · answered by Sandee 5 · 0⤊ 0⤋
The neighbour would have had to submit plans to the local planning authority. The architect/Surveyor working for your neighbour should have served a Party wall act application to you.
If this has not been carried out you first should speak to your neighbour, if this is awkward contact your council and protest your concerns. Be aware that legal proceedings may have to take action if the proposed extension is of major disruption to yourselves.
2007-09-15 10:04:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
An extension does not require planning permission, although there are certain limitations on what it can be. You can find these out on your local council's website or from the civic centre. I sympathise with you as I have gone through the same thing. The best policy is to look on the bright side, if all that you will be able to see is the wall, then you have a new boundary to your property and it hasn't cost you a penny. It's a gift and your neighbours paid for it, ain't life grand?
2007-09-12 23:40:01 · answer #6 · answered by Anonymous · 2⤊ 2⤋
I cannot believe your neighbour has not mentioned his intentions to you,it,s ,at least,a common courtesy.You can only stop it if it interferes with your interests,light,view or lifestyle.These WOULD be grounds for investigation and suspension of building progress.The local town and country planning office will ,have on file, the plans and permits ,if any,go in and check.Tell them of your reservations,it,s very easy to do,no action will get you nowhere.The extension can affect the rateable vallue.
2007-09-12 23:41:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It's a shame you don't communicate with each other.
They don't have to serve any written notice on you but you'd think they'd at least have the courtesy to let you know what they were planning.
Check whether they have planning permission.
If they have there's nothing you can do at this stage.
2007-09-12 23:38:18 · answer #8 · answered by StretfordEnder 7 · 1⤊ 0⤋
He does not have to serve formal written notice to you if its within the boundary.
His planning application would have given you notice. If the council didn't contact you, its thier drop of, not his.
2007-09-13 00:02:13 · answer #9 · answered by Michael H 7 · 0⤊ 0⤋
why don't you speak first to the neighbour and friendly ask if he is following the regulations for building within close distance and not notifying you. If he is being difficult, call your local authorities and then find out what are your rights and what are his rights and then do something.
it is always easy to start an dispute, but if you are going to be neighbours, wouldn't it be nicer to live in peace...
2007-09-12 23:38:32 · answer #10 · answered by black_dahlia 5 · 0⤊ 0⤋