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Neighbours extension

(95 Posts)
Hels001 Sun 13-Jun-21 17:13:35

Since moving in our new neighbours have built a large extension right up to the building line. We are in a semi detached bungalow. They did get planning permission. To do the brick work the builders took down the fence between us and used are garden for access to do this. DH mentioned to them it would have been nice to have been asked about this. They didn't seem at all bothered. We are out at work all day and have come home on several occasions to damage to our property- Indian stone patio slabs 3 smashed and concreted back together like crazy paving 2 terracotta pots broken with the roses in broken. We drew there attention to this they said it would be sorted. The build is now finished builders gone. They've replaced a piece of guttering ours about 2 foot to join to extension in black it was originally white there also cut the fascia board to slot theirs in but left it short they've now told us there's a 6ft fence going up but they are putting one down side of the extension wall. To stop us growing anything up it they said. So they will once again have to come into our garden can they legally do this? Its going to cost up to up right what they've done to our property or to get legal advice. Money we can't really afford. Any thoughts please. Will try attach a photo so you can see. The brick wall to the left is right up to the building line anything to the right is ours. I've been prescribed antidepressants since this all started. Its getting so bad I now very rarely go out into the garden and keep the blinds of the conservatory closed.
Thank you in advance

TwiceAsNice Sun 13-Jun-21 17:17:53

I think you should get some legal advice. Most solicitors do a free half hour appointment . I thought neighbours had to be consulted about extensions and they don’t seem to have spoken to you about it. You have my sympathy they sound awful. Also are they and the builders not trespassing coming into your garden without permission?

Blossoming Sun 13-Jun-21 17:19:42

I think you should speak to Citizens Advise, it sounds decidedly dodgy to me. Re. the damage to your property, your building insurance may well cover legal costs.

Mattsmum2 Sun 13-Jun-21 17:20:28

Have you a check on the councils planning site the conditions for the agreement to the extension? You can search most councils planning sites by post code. The council should also have sent you a letter informing you of the request for planning permission, this should have the planning number on it. If they deviate for this you can advise the planning officer. If not I would speak to the citizens advice bureau. Best of luck xx

ninathenana Sun 13-Jun-21 17:32:44

You have my sympathy. You should have been consulted about the planning and asked for access.
Horrible neighbours

Oopsadaisy1 Sun 13-Jun-21 17:34:33

If their extension is on the building line then the fence will have to be attached to the wall they can’t put posts into your land.

If they needed planning permission, then would have been the time to put some conditions down, however so many extensions come under permitted development so no planning needed, without a Solicitor or CAB advice you really are stuck. So if the neighbours won’t do as you ask then the legal route is the only alternative.

Hope you can get it sorted out.

TrendyNannie6 Sun 13-Jun-21 17:44:48

They shouldn’t be coming onto your property for a start without your permission, we would be spitting feathers! What a nightmare for you, please get legal advice Hels, they sound awful neighbours, hope you can get some peace of mind very soon

FlexibleFriend Sun 13-Jun-21 17:51:37

Yes they should have asked for permission but you do have to allow reasonable access. That said I'd get a solicitor to write a letter expressing your displeasure including a bill for the costs to put right the damage their builder caused.

Hels001 Sun 13-Jun-21 18:09:12

Thank you I think your right Oosadaisy they would have to put the posts into our land surely we can object to that although I fear they won't take a blind but of notice. I think may have try get a call into Citizens Advice.

vampirequeen Sun 13-Jun-21 18:34:37

If they have built a wall up to the property line then they will be building a fence on your property. Do you want a fence? Make sure they don't claim ownership of the fence and the land it stands on.

M0nica Sun 13-Jun-21 19:07:04

Oh dear. It is a problem isn't it. You should have put your foot down after the first aggression and insisted on negotiating an access agreement with them. This letting things slide and not causing unpleasantness when people take liberties causes far more problems than putting your foot down, firmly and politely at the start.

The only thing now is to contact a solicitor and get him to send a letter saying because of their behaviour, coming on your land without prior consent and the damage caused they cannot enter your garden to do any work unless you agree to it and they have compensated you for the damage they have done.

Tell them that that you will not let them in to put the fence in, particularly as it looks to me as if it would actually be being installed it on your land.

I know others have said what I have said but the more of us who say the same thing may reassure you that right is on your side when you see off these encroaching and selfish neighbours

nadateturbe Sun 13-Jun-21 19:42:21

Unbelievable. What a cheek. Such horrible neifhbours. Don't let them do anything more. Be firm/assertive. Seek advice and claim for damages.

Summerlove Sun 13-Jun-21 19:51:07

I’m so sorry, what a mess!

I find mumsnet is often really helpful with quandaries like this, they will ask you to draw a diagram though!!

ValerieF Sun 13-Jun-21 20:09:56

Whether it is right or wrong I would just take a step back. As they have planning permission, when it is all completed will it affect your property? Assuming the neighbours will be there for a long time and you do not wish to move, I would be more inclined to work with them. Point out what you don’t like by all means but try to come to some compromise rather than legal action. To go all out war is never good where neighbors are concerned

J52 Sun 13-Jun-21 20:27:57

Planning permission is one thing, but once building starts and is completed, then Building Control take over and should monitor the building process giving a completion certificate at the end. Perhaps you could ring them and discuss the guttering issue with them and ask if it was inspected.
Your neighbours sound particularly insensitive, you could deny them access to your garden, but remember neighbour disputes have to be disclosed if you wanted to sell.

Esspee Sun 13-Jun-21 21:18:55

To get planning permission you will have been sent details of the proposed work. That is when you should have made your concerns known.
While the work was being done you should have contacted the house owners and asked that they do not allow the workmen access to your property.
When damage was done you should have insisted to the house owners that they have it rectified.
From your OP it reads as though your husband did nothing but speak to the builders in a conciliatory way.
Your issues are between you and the neighbours. They need to correct all the damage so for goodness sake start being assertive.
Write a letter specifying all the damage and give a timescale that you expect it to be rectified by. (e.g. the end of July)
You can, if they don’t respond or deny responsibility take it to the small claims court. No solicitor needed. Reasonable fee which you should add to your claim. e.g. 2 plant pots, 2 rose bushes, guttering to be replaced in white to match existing guttering, 3 patio slabs to match those broken and professionally laid, cost of this action (fee paid plus administrative charge to cover your time).

DiscoDancer1975 Sun 13-Jun-21 21:31:15

I would definitely check this out and get legal advice. Start with Citizens Advice.
We had a student let opposite us, where the landlord converted a garage into extra bedrooms. It worked out there wasn’t the permission he thought he had. None of us knew about it for a start. He was ordered to change it all back.
This doesn’t sound right at all, and looks awful in the photo. I wish you a speedy solution to it all.

gt66 Sun 13-Jun-21 23:21:06

First of all check out the neighbours planning permission on the local council planning portal and check the conditions imposed.

Look at the drawings to see if they've made the extension larger than allowed. It's my understanding that you can no longer build up to the boundary line, to allow for maintenance access. If that is the case, speak to planning.

Next contact building control and express your concerns regarding the soffit/facsia board. Depending on what you discover you should really speak to your neighbours, as they may be unaware of the problems caused by their builders.

If you still have no joy, perhaps go to Citizens Advice, or a solicitor. Good luck!

Bluefox Mon 14-Jun-21 00:07:51

Take a look at party wall agreements. Your neighbours to my understanding do not have any rights onto your property.

harrigran Mon 14-Jun-21 07:02:24

When we were planning our extension, we weren't given permission to go ahead until they had contacted neighbours all around and received their approval.
I think you have had the dirty done on you, needs further investigation.

Sarnia Mon 14-Jun-21 08:47:54

If I were you I would contact your local council's planning department who would have granted permission in the first place. The builder has to follow the agreed plans. They can't deviate from them without contacting the council about amendments to the existing plans. Having said that some people think getting the green light from the council gives them carte blanche to build what they like. Sounds like your neighbour comes into that category. I would be on the phone very quickly and ask for someone from the planning department to come out and have a look.

Shropshirelass Mon 14-Jun-21 08:58:44

I would take some advice, solicitors usually give a half hour initial consultation without charge, but Citizens Advice can help too. I would also check the planning permission to make sure they have complied with what was granted, you can do this by going online to the planning portal or even speak to planning. They should not have come onto your property without your permission. I think your neighbours have behaved appallingly and have shown you very little respect. Good luck.

Ladyleftfieldlover Mon 14-Jun-21 09:03:49

Please don’t just let this slide. Otherwise they will walk all over you and ignore your concerns.

M0nica Mon 14-Jun-21 09:40:59

ValerieF, the OP has been doing what you recommend since the the extension began and doing as you suggest is the cause of the problems she has and distress it is causing her.

What was needed was polite firm action when the problems started. Now everything has gone so far that I can see no alternative to legal action or just letting the neighbours ride roughshod over the OP's property, put their fence on the OP's land and commit, who knows, what further trespasses.

FlexibleFriend Mon 14-Jun-21 10:21:57

After re-reading your original post I think you're getting upset about things you can't change as well as those you can. Monica gave the most accurate advise for what action to take and I'd certainly follow her advice. That said why are you keeping your conservatory blinds down? surely you have more privacy now than previously. A brick wall isn't very attractive but has compensations as it will retain heat and you will be able to grow things that previously you couldn't. They can say what they like but they can't actually stop you. Try to develop a positive outlook, see a solicitor and plan what you can grow to improve the outlook and make sure they are aware they can not set foot on your property again without prior consent from you. A solicitors letter won't be that expensive so get that sorted as your first priority and don't let the ignorant neighbours get you down.