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Can I stop my Neighbour building an extension?

If necessary, you can apply to the Court for an injunction to stop the work from continuing whilst steps are taken to ensure the work is completed safely and correctly especially if the Party Wall etc.

jordanssolicitors.co.uk - My neighbour is building a property extension and I'm not happy!

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My neighbour is building a property extension and I’m not happy!

If your neighbour is building a property extension and you’re not happy about it there are a number of aspects to consider before voicing your concerns. The housing market is definitely booming, but a lot of people are also deciding to stay put and instead carry out renovations to their home or extensions to suit their needs better, rather than selling and moving to a new house.

If your neighbour is planning to carry out significant building works to their home, what rights do you have to find out about their plans and, if you have any concerns about their plans, raise an objection?

Before the property extension begins

In an ideal world, a courteous neighbour will speak to you before they embark upon their plans so to spare you the shock of returning home one day to find building work has already begun. If the building plans require planning permission, the planning officers should make an assessment of whether the work might affect any neighbouring properties. If they consider there may be an impact, they should write to you to inform you that a planning application has been made. This will enable you to fully consider the planning application and, if you felt inclined to do so, lodge a formal objection to your neighbours’ plans. The planning officers will then take into account your objection when deciding whether to grant planning permission or not. If the renovations will involve work carried out to a party wall or party structure, then the Party Wall etc. Act 1996 will require your neighbour to give you at least two months’ written notice of their building plans including information about the building work they intend to carry out and how this will affect the party wall. You then have the opportunity to respond to that notice, raising any concerns you may have about their plans. The Act provides a mechanism for resolving any dispute between neighbours to make sure the renovations/building works are completed safely, in accordance with the law and do not impact the structural stability of your property. A party wall or party structure is described in the Act as being the following:

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A wall which stands on the land of two or more properties which forms part of the building. This is commonly shared walls between terraced and semi-detached properties. A party structure separating buildings from each other such as walls and floors between flats. A wall which stands on the land of two or more properties, but which does not form part of a building. This is commonly referred to as being the ‘boundary wall’ between the properties and is therefore a shared wall. It must be a wall, a boundary fence or hedge for example is not covered by the Act. A wall which stands on one person’s land, but which is used to separate two owners’ properties. Any building work which involves any of the following types of construction is covered by the Act:

Constructing a new building on or near the boundary of two properties.

Work to an existing party wall or party structure, such as removing a party wall. Excavating near to and underneath the foundation level of neighbouring buildings if this is within a certain distance of the party wall depending on the level to which the excavation is to be conducted. There is a comprehensive guide produced by the Government which explains the Party Wall etc. Act 1996 in clear and easy to understand detail which can be found here.

Once the property extension has begun

If you find yourself in a position where your neighbour has begun any building work and you are concerned the work may damage or undermine the structural soundness of your own property you should obtain immediate assistance from a solicitor or a structural surveyor. If planning permission is required but your neighbour has not obtained this, the planning authority should order your neighbour to cease building immediately. It is therefore worth checking with the local planning authority whether planning permission was necessary and if so, whether it was obtained first. If necessary, you can apply to the Court for an injunction to stop the work from continuing whilst steps are taken to ensure the work is completed safely and correctly especially if the Party Wall etc. Act 1996 has not been followed.

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Obviously, the steps you might chose to take will depend entirely upon the nature of the building work your neighbour is carrying out. Regardless of whether they have informed you about the work first if it is a relatively minor or modest home improvement it is likely they did not require planning permission for the work and the Party Wall etc. Act 1996 may not be applicable. In these circumstances, there is likely to be nothing you can do about the situation. For more serious and substantial building work, such as to extension to a property, it is likely that planning permission was necessary and that the Party Wall Act etc. 1996 may be applicable if the building work is on a boundary wall or requires excavation works near the boundary wall. In these situations, you have a right to ensure the scheme of works is being carried out safely, in accordance with good building practice and will not impact or undermine the structural stability of your own property. In these types of cases, it is worth speaking with your neighbour first to understand what their plans involve and then, if you have any concerns seek professional advice.

Jordans Solicitors – experts in helping you resolve disputes

If you would like to speak with Susan Lewis about an issue you have with your neighbour, call the Litigation Team at any one of our five branches in Dewsbury, Horsforth, Penistone, Selby and Wakefield, on 033 0300 1103. Alternatively, you can Request A Call Back from us by filling-in this form.