What can I do if my Neighbour is building without planning permission?
If you suspect that your neighbour may have failed to comply with everything contained within what was agreed, you should notify your local authority's planning department at the earliest opportunity.
What to do if you Think a Neighbour is Contravening Planning Regulations
With all due respect to our neighbours, we all need to be aware of any planning permission they might want to submit if they’re intending on making any major structural additions to their property, or if they are planning on using their property for a purpose other than what it was originally intended for.
It doesn’t matter how well you get on with your neighbours, planning consent is something which, if obtained, can have a fundamental effect on your enjoyment of your own property. This might include things like the reduction of direct sunlight you receive as a result of new buildings, and there are also issues about your right to privacy.
Alternatively, they may be looking to convert their property in some way for business or commercial use which could have a direct effect on your home life. Assuming that planning permission has been granted, however, then you do have the right to object if you think that your neighbour has failed to comply with the terms of the planning permission agreement.
When Is Planning Permission Needed?
Building or adding an extension(s) to a property which will affect the external appearance of the building.
When you want to divide off part of a property to be used as a separate home, or you want to put a caravan on your land to be used as a home for somebody else.
When you want to use your home (or part of it) for business or commercial use.
Planning permission is usually needed for the following, although this list is not exhaustive:
How Will I Know if my Neighbour has Contravened Planning Regulations?
Firstly, any planning application which is submitted requires the planning department of your local authority to write to all the neighbouring residences which might be affected by the plans. You have the right to inspect those plans and to get copies for yourself. You can also appeal against a planning application, although that does not necessarily mean that your objections will be upheld.
However, assuming that planning permission has been granted, it’s important that you remain alert as to how any proposed development or use of the permission which has been granted is complied with. If you suspect that your neighbour may have failed to comply with everything contained within what was agreed, you should notify your local authority’s planning department at the earliest opportunity.
Obviously, some contravention of what was agreed might be more visibly obvious than other aspects, although the planning department themselves will also have a vested interest in ensuring that compliance is met with completely.
Failure to Comply with the Planning Permission
The council can enforce proceedings against people who have contravened the planning permission which they have been granted in the form of a Planning Contravention Notice. Severe financial penalties can also be imposed and your neighbour can be told to restore the property to its previous state at their own cost, even if that means demolishing a completely new building or structure if it does not comply with what was agreed to in the drawings of the plans.
It’s also important to remember that, in addition to the planning permission, any structural changes will also have to meet the Building Regulations which, although often interlinked with planning permission, are entirely separate regulations which must also be adhered to.
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Tel - 3-Jan-23 @ 1:22 PM My neighbour guy building a extension in the garden this is I think I build it 5mons ago and slow slowly bring things and it's all rubbish like toy cars Nd kids bikes and lots of rubbish the garden looks junk shop now.one time I spoke tha lady living in that house but now she is not living there she said that guy not really tenant in that house and they have 5yrs old boy and the behaviour is really not good he is awake till late even the mum ..everyday all heard in that house are screaming not only the child even the guy the worse he doing is he burn I don't know what is that and the fire really big and the smell of that thing is really bad smell like terrible I don't imagine what that 5yrs old boy life I really don't know
Chris - 3-Oct-22 @ 8:39 PM Hello, My sister has recently heard that planning permission has been approved opposite her house. She also has a holiday rental next door which is her primary income. Of course building works will have a huge impact on her ability to let her holiday home. Does she have any grounds to appeal the planning or any loss of earning compensation she can claim? Many thanks
Monti - 21-Sep-22 @ 12:58 PM I share the freehold of a house with 4 others. They want to build storage right outside my flat in the open space basement which would impact my life in a very negative way e.g. lots of traffic, noise and disruption and it would make my flat look like it’s in the storage area as opposed to the others flats who won’t have the stigma of being situated by the storage cupboards.So it’s a devaluation of sorts for me.(It’s Grade 2 listed building) Any thoughts on how to stop this “land grab” by the other freeholders?
Maggie - 11-Sep-22 @ 11:51 AM Hi, I am looking for advice. My neighbour next door but one has extended his house recently. I have seen the plans but it appears to me he has built a larger extension than has been approved planning permission.Also, he has extended his garden into an area of land that is to the rear of our properties. The land is owned by the builders of the housing estate when it was built 40 years ago. It’s a semi overgrown piece of land with a lot of wildlife and fruit trees etc. in the course of his extending his garden he has destroyed part of a orchard with a digger and demolished grassland.I addition to this his property borders a railway. I am pretty sure he has extended into the railways property as well.I really don’t approve of the damage he has done to the wild land at the back of our houses. Destroying nature for no reason actually he has dumped a lot of building waste there. Shall I report him to the council for the larger extension? The owners of the land he has extended on to? And also national rail? We all have to follow rules in life and respect the property of others. Some people are incredibly selfish and need to be taught a lesson.
H - 25-Aug-22 @ 1:34 PM Workmen began landscaping our neighbours garden. We were not told about any of this work. It first began about 3-4 months ago, when 4 men were in our garden. The houses are nearly 100 years old and there's never been a fence, just a hedge and some trees, which were on our side of the garden. They started ripping out, from their roots our fruit trees, shrubs and Rhododendrons. I went outside and told them to stop after noticing our trees, plants and shrubs in my neighbours front garden. I explained to them that they are ripping out, damaging and destroying our property. The older man said that it was the neighbour who told them that that was what she wanted them to do. A couple of days later they hired a mini digger, smashed our garage window and pulled up (by hand!) the mini digger to the back of the garden, where they began to remove tons and tons of soil and bring it down to the lower garden. Creating a level, which is a good 3-4ft higher than their neighbouring gardens. The final straw was when they climbed a huge tree (it was nesting season at the time) and began to saw off branches. Again I went out and told them that that tree is on the other neighbour's border. At this point the neighbour came out, I explained to her that it was nesting season and that she should ask permission from the neighbour, with whom the border is shared. She said that she's asked the workmen to remove the nests. I pointed out that it is a criminal offence to do that. These men soon left and did not come back. Then approximately 2 months ago. Once again, without any notice from our neighbour, I saw 3 men in the garden. After about 10 minutes I went outside, I briefly explained about the previous experience we had had. Damage has been done and no one (workmen or neighbour) is correcting or footing the bill that has incurred due to their negligence. The recent workmen/man firstly dug holes and placed concrete posts in our garden, claiming that they are putting up the neighbours fence. These holes caused root damage to our remaining trees, shrubs and plants. We told the neighbour that we will have to get Land Registry involved, to which the neighbour quickly replied, no, no need for that. Having looked briefly through the ownership of the land, it appears that the neighbours land is leasehold, not freehold. They have built a huge and tall decking area right at the back of the garden, which now overlooks a primary school playing field. I am aware that they have not had planning permission and these builders have not asked for the relevant paperwork. Just today, one workman was standing on our garage roof in our garden, the garage has already been damaged due to the previous workmen slamming the arm of the mini digger into it. He then proceeded to remove bricks from our wall above our garage. I have looked to see if they have work vans or any sign of advertising their company, but they do not, which begs the question: Are they insured? Any help and advise on what I
Your Rights - 13-Aug-22 @ 12:50 PM Hi Johnny. I was reading your complaint a couple times to picture the back of your garden. You’ve said the neighbours now have a clear view into your home and no help from lawyers. Alternatively another solution that may help. Can you raise the ground at the back of the garden then build a pergola so it reaches higher on the raised ground? Also, to save cutting out daylight to the nuisance neighbour you could use mesh netting or clear frosted film across the back of the pergola to block their view and drape ivy or fake plants down the back, and across the top and add some warm solar lighting netsdown the back sides and across the top etc. I’d also consider moving my BBQ to the back so you don’t have the smoke and smell by your house on BBQ days. Other times the pergola could be a nice spot for a bunch of noisy kids :) to sit playing their music away from the house. It can be very effective stops the peeping Tom and gives you a nice view when you look at the back of the house. Karma :) good luck!
Your rights - 13-Aug-22 @ 11:37 AM Hi Twerryag71, firstly he needed to apply for planning permission and you should have been notified. Also what you can do is contact the local council and ask for the Party Wall surveyor to come and check. If he has built on your land he may be able to claim it after 7 seven years if you do nothing.'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.It decreases the value of your home increases his. You can go to court citing trespassing and encroachment and claim compensation and get your land given back to you. You can also have a solicitor write up a rental agreement for your neighbour to rent your land he has built onto that way he cannot lay any claim to it in the future. Also if he signs the rental agreement if made, you can take him to small claims court if he don’t pay. If he starts to get nasty or threatening and starts to harass you, you can claim antisocial behaviour and he could effectively be banned from the property for a year or more. Tenant or home owner- You have rights.
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Barbie - 28-Jul-22 @ 11:16 AM My neighbour have put a window in the side of their bungalow without planning permission, it very close to the fence and is overlooking my front garden, she asked me if I minded them doing this and I said yes I did as I have enough problems with her husband just looking over the fence when you are sitting in the garden, I didn’t want another place he could look, anyway she went ahead any way just saying they need to be happy!!! It is a too opening window and not frosted at all.what can I do about this please. I am going to put up something my side so they can’t see without touching their fence, but I haven’t got a lot of money and I shouldn’t have to do it, and I also know they will create when I do it.
Cat - 26-Jul-22 @ 7:42 PM I think People should be allowed to do what they want in their own garden if they are home owners All down to jealousy with some neighbours
Matt - 23-Jun-22 @ 8:17 PM One of my neighbors has built a very large building in the back garden of their terraced property, it stretches from one side to the other. Just before I moved in in 2018 they installed a large PVC window 50cm from floor to roof height that looks into our back garden. The previous owner was annoyed but selling so didn’t do anything about it. Their family member is living there now. No planning permission sought. What are my options? I don’t want to fall out with them but worried they might do something else or stop us putting up a shed / outhouse. Could they make this a legal dwelling? There is no fence between us at the back.
Twerryag71 - 6-May-22 @ 7:59 PM My neighbourhas guys in to build an extension for him the same as mine it's a one storey but he has taken down the party fence, on our semi detached house & the footings are over my boundary by at least 400mm. My concrete footings are exposed with know shoring to protect my newly built extension.They are obviously trespassing & have stolen part of my land, I'v tried to talk with my neighbour about it but he doesn't seem bothered,he definitely isn't following the cdm rules...what can I do?. As he is having loads of work done, 4 men on site & definitely over 500 man hours,30 days please help
Susan - 5-May-22 @ 9:14 AM Wow, I had to comment after reading the “moan” over Arabic writing!!! Everyone else making valid points about noise, light and mess…. But someone has issues over Arabic writing? If I were you @shelley I would really take some time out to think why you are sooo offended by this.
Jassinda - 13-Oct-21 @ 8:52 AM One of my neighbors has built a very large building right on the border of my property it stretches from one side to the other on his garden we allowed him to cut down some trees to make it easier for them to do the work but they left all the trees and broken down bits of fence and lumps of concrete also the building on our side is not finished we complained to them and they promised to tidy it up several times but no action is there anything I can do I’m 79 years old and can do without the work but my garden is real mess
Johnny - 8-Oct-21 @ 3:28 PM At the bottom of our garden which is not far 12 mtrs the now neighbour built a massive 5 bedroom house across our boundary wall. So he ripped up the planning conditions and free styled.. to the tune of change the colour of the build & roof tiles, changed the FFL by 300mm and raise the land by 700mm higher than planned and changed windows for a Juliette balcony . Building control signed off not knowing the FFl were too high and subsequently all the highlighted blips were passed as non material changes. The planning department have knowingly removed all our privacy... they tested it themselves... these people are now chest high above our wall in their viewing tower at the bottom of our property and refuse to put any privacy screening in place. They have also knowingly used our retaining wall to hold their backfilled land. I now live with a live peeping tom who keeps the garden lights out so we don't know he standing there... and finds it acceptable to use our property retaining wall to support his land. Totally disgusted at the Planning Officer who takes no blame for his incompetent action and now live in a property that planning have granted the neighbour the right to remove all privacy from our own home and garden... our kitchen, family room and lounge all face onto the garden. This individual also uses the wall as a storing place which I presume is to antagonize. I have nightmares about what he is going to do to us next and laywers don't seem to want to touch the issue...
SHELLEY - 5-Oct-21 @ 12:07 PM Our neighbours adjacent to our property have erected 2 large bright floodlights at the front of their property and now also a large gold arabic sign on the apex of the property. As the regs are 0.3 sq Mrs this is in excess of this. I had asked what the purpose of this was and they replied its their home and it says beautiful in arabic. Since erecting this sign and lights our narrow avenue has been inundated with cars at all times of the day and evening and parked cars.
Lobo - 3-Sep-21 @ 10:21 PM Our neighbour has put in large skylight windows on our side when no planning permissionfor windows was granted at the time of building. This has blocked us from seeing the night sky because the windows have lights in them all the time even at night. It is causing us a lot of distress. A lot of light pollution. We can also hear them in their toilets.we can smell it to. When we sit in our patio. What can we do. The council do nothing.
AngusNE - 25-Aug-21 @ 4:57 PM Next door neighbours applied for planning permission and showed me elevation with existing flat roof height/ eaves retained. We were OK about it being extended forward for porch. Drop to our side = 2650mm . Looking at drawing shows 2450mm door sill at front up to eaves at end of flat roof. They now wish to increase height to eaves which will reduce light through glazed back door and side panel. But have not revised planning application.1.5m gap between their wall and my back door and 2.5m high above my door sill.
Pom-poms - 18-Aug-21 @ 2:44 AM We are exactly the same. No notification of planning yet we are the most significantly affected. Get know where with the Council and don’t even go near CAB! I’m just paying a lawyer to look into it. £7k is nothing in comparison to a substantial devaluation of property due to incompetence of someone else. Even with a lawyer on board it’s complex. The notification it’s self is not grounds but worth checking planning reports against the councils procedure. I’ve found several errors which I’m hoping helps. I’ve also arranged a boundary surveyor to visit my property and to install metal polls marking boundaries for future reference. These problems only go away if challenged. The Councils know most neighbours will moan and just go away! What a way to spend holiday funds?? all I want is a GT by the pool. Will keep posted on my progression??
Concerned - 3-Aug-21 @ 3:54 PM We have new neighbours next door ,we are semi detached 2 bed bungalows ,the problem is they have built a very large smart kitchen / living areaat the back of their property,they now have three bedrooms .they have converted one of the original bedrooms into a utility room and a bathroom they installed roof velux type windows in the roof these two rooms are back to back with our main bedroom the problem is we can hear people using the toiletduring the night which I find distressing and it disturbs my sleep pattern ,the utility room we can hear a washing machinealthough not through the night we often hear it early morning and other times throughout the day.My questions is would they have got planning permission for this type of conversion.The gentleman came to our door when he bought the property with plans and explained what he was planning to do I thought it looked a good conversion,the way he held tightly onto the papersand his thumb must of covered the the bathroom .
Karen - 25-Jul-21 @ 7:04 PM William Osborne, the same thing happened to me regarding my neighbours extension. He knew I had objections regarding the loss of light and that when given the opportunity I would oppose the application but I never received the letter to do so and thus the application was passed. I spent 6 months emailing complaints to the local council, our local MP and also involving the ombudsman all to no avail. The council's evidence was to show a copy of the letter that was allegedly sent out and therefore the ombudsman ruled that they'd complied with the correct procedures but it doesn't prove that it was actually sent. Its not a coincidence that out of 6 neighbours who were sent the letter, the only one that was going to object didn't receive it.
Chelle - 2-Jul-21 @ 7:52 AM My neighbour wants to convert a bedroom into 2, but wants to knock a door through the boundary wall below my kitchen and living room where I have gas pipes we live in a block of maisonettes. The builder is limited to work evenings and weekends and I'm concerned about the structural damage this door could leave to my property, her's is leasehold and we are in the debate whether to we should right to buy our property but this is causing medeep concerns 1st who works evenings and weekends and 2nd why would she want to knock into a boundary wall many builders have walked away from the job and now shes found this builder whose limited time
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Sandy - 30-Jun-21 @ 6:15 PM @DontPutUpWithIt! - Your first step is to figure out where the boundary lies, through the Land registry (check the documents very carefully and use copies to provide to the builders). I would then have a fence erected to the permitted height (double check with your council first as it can vary especially if you live in these special zones), which is legal and does not require planning permission as long as it is built on your private land. Install CCTV ensuring you shade out any neighbouring gardens or properties, and you can also get one of those Ring video doorbells - they are relatively cheap as you can also pay monthly with no interest. Add stickers to warn you have CCTV, and use your cameras to gather evidence your neighbour is acting in a threatening manner. If your neighbour begins the works without planning permission (you will know if he has requested this because you would receive a letter in the post/you can also check on your council's website by inputting his address in case you are worried you didn't receive a letter for whatever reason), then contact your council immediately. Make sure you protect your boundaries before taking any action. If your neighbour is violent then you can also alert the non-emergency police and ask for advice. You could also get a dog if you don't already have one, to keep each other company and bark at intruders including your horrible neighbour. By the way if you want to drown out noise, always think ' water '. It's a water feature you need. It might be worthwhile investing in a good one. As for when you're indoors and need to focus on an activity like working, studying, reading or just any quiet activity, you can get a white noise machine that has water sounds. You will be so surprised. When I had a psychopath neighbour many years ago, I used this little gadget and never heard him again. Lets continue to share any good advice we get and not let these nasty people ruin our lives. Hope anyone reading this can use this advice too. We DO have rights. Don't be afraid and don't let anyone bully you.
Lou - 12-Jun-21 @ 7:58 AM Hi We bought a beautiful and well constructed new home last year. At the time of conveyancing we understood that Taylor Wimpey had plans to build more properties at rear of the property . According to the plans these houses were to be at the same level as ours so would not have impeded our privacy . Fast forward 12 months and I am now looking at what I can only describe as a three story monstrosity. The ground floor looks into the bedrooms, the second floor in to the kitchen and now a third roof window in to the garden . Whilst I am aware developers are encouraged to reduce the transfer of waste materials (rubble/broken brick etc) from site to waste or landfill, We realised very quickly that Taylor Wimpey ethos was to dump all building waste into the foundations of the house that had been built at the back of our garden . Therefore the 3 story house is much higher than the plans suggested . Though I don’t have any evidence of the original topography of the building plot which Taylor had obtained planning consent with I am sure the land levels have been interfered with prior to footing being dug. I have written to Taylor Wimpey numerous times asking as a minimum for some screening and I have lodged a complaint with our local planning office . No reply ! I am at a complete loss and it has destroyed our forever home . Is there anything I can do .....???
Lou - 12-Jun-21 @ 7:56 AM Hi We bought a beautiful and well constructed new home last year. At the time of conveyancing we understood that Taylor Wimpey had plans to build more properties at rear of the property . According to the plans these houses were to be at the same level as ours so would not have impeded our privacy . Fast forward 12 months and I am now looking at what I can only describe as a three story monstrosity. The ground floor looks into the bedrooms, the second floor in to the kitchen and now a third roof window in to the garden . Whilst I am aware developers are encouraged to reduce the transfer of waste materials (rubble/broken brick etc) from site to waste or landfill, We realised very quickly that Taylor Wimpey ethos was to dump all building waste into the foundations of the house that had been built at the back of our garden . Therefore the 3 story house is much higher than the plans suggested . Though I don’t have any evidence of the original topography of the building plot which Taylor had obtained planning consent with I am sure the land levels have been interfered with prior to footing being dug. I have written to Taylor Wimpey numerous times asking as a minimum for some screening and I have lodged a complaint with our local planning office . No reply ! I am at a complete loss and it has destroyed our forever home . Is there anything I can do .....???
Freckles - 11-Jun-21 @ 12:38 AM 50 years ago builder bought land at bottom of long gardens where my house was built side on to his. Since then I have enjoyed a private and peaceful small garden. New neighbour is building large family room/workshop up to my fence. He has replace 5foot fence with 6foot one and building makes it about 8 foot. This is what I now look out on to from my window. It runs the length of my garden, about 22 foot. Building is furthest away possible from his house but as near to mine as it could be. He is building to the max without planning permission. Do I have any privacy rights.
Vonnie - 10-Jun-21 @ 2:13 PM My neighbour has started dealing in cars having people viewing them all hours of the day and night is this legal he has 12 cars on his garden at the moment fumes come in my windows when I have them open and they have jet wash running all the time sick of it now please advise me what I can do
DontPutUpWithIt! - 7-Jun-21 @ 6:20 PM Hi, my neighbour who has everything in the garden except a fence now wants permission to build an extension next to my bedroom, this person is extremely loud, has made threats against me and my home and has been caught peeping into my windows from his property, there is no privacy inside my home and there is no peace and quiet in my home... any thoughts or advice is welcome, thank you in advance. lots of love to everyone suffering at the hands of other selfish people.
Lynn - 5-Jun-21 @ 1:34 PM Property 2 bed bungalow New neighbours applied for planning permission for rear extension single storey no problem there took measurements same height as our conservatory although slightly deeper. The building has now exceeded height when challenged at first argued point saying it hadn't then had to apologise blamed builders said he was speaking to planning dept ?Bank Holiday Tuesday came with builders continuing who are also installing warm roof? So building is just growing and growing all dust etc from chipboard and insulation coming into my garden We are now looking at brick wall from conservatory and lounge have to keep blinds drawn.quality of life diminished husband poorly doesn't need this I do not want a war with new neighbours but at same time can't believe what they say.
Sandy boy - 18-Apr-21 @ 11:25 AM Hi everyone I have a question is my neighbour allowed to erect a trellis panel against my 3ft fence in the front garden without permission I an in a council house and have not been informed in anyway that they were going to do it , when I open my front door I'm faced with a 6ft trellis that looks monstrous and discussionis with the neighbour is not possible as they can prove to be very sociableThankyou for any advise you can give
william osborne - 9-Apr-21 @ 8:39 AM I’ve just found out that my neighbour wants to building a block of flats in their garden. Which will block the sun in the garden and my other neighbours gardens will overlook my small daughters bedroom. This is all news to me as I never received a letter from the council but my other neighbours received 2 letters over the past few months. I work for Royal Mail and did not once receive any letter about planning Application, So now I’ve missed the chance to object! What can I do now? Who do I blame for not receiving either letters? can I take level action?
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