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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Wonder if anyone can clarify a point in the law on permitted

Resolved Question:

Wonder if anyone can clarify a point in the law on permitted development. I have a neighbour who is building an extension that would block the light to hour house. I know this is a seperate issue and I have had answers off wingrovebuyer who I appreciate taking the time to respond I would love hios opinion and also throw it open to anyone else. "What is the maximum width of the extension under PD" ? I know the lenght 3m and height 3m-4m rule but the reset is unclear and seems to contradict. here is the full guidance from the government. http://www.planningportal.gov.uk//uploads/100806_PDforhouseholders_TechnicalGuidance.pdf looking at pages 26-28 it makes clear in a few places (half width of house) But then only to do with side extension being in place alrerady.. Complicated for me to understand but should be easy to a planner should it not ? Our council whom I have spoken to in the recent months seem to think only the 3m rule to the rear makes a difference.


note, this is a semi detatched house

Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if your neighbours plans will involve excavating within 3m of your home or 6m if if he is excavating lower than your foundations please?

Customer:

Hi, thanks for your interest in my question.
It is my mother in laws house and her neighbours builders have already dug foundations, they are 6 inches off the party wall. it is only a single story extension and I don't know if they have dug them below our foundations, they poured concrete in them and built up to the DPC they have now got rebar and looks like they are going to fill to this level with concrete.
I understand if they had gone to the party wall or even within 3 metres they should have given either a section 1 or a section 6 notice provided the foundations were below ours.

Joshua :

Thanks. Unfortunately they are allowed to build a rear extension to the full width of the property. There are limits with regards XXXXX XXXXX extensions but not for rear extensions.

Joshua :

However if they are building within 3m of the party wall then they will need to serve a party wall notice on your mother in law before they can begin.

Joshua :

Unless your MIL consents to the work being carried out then they must appoint a party wall surveyor to negotiate a party wall award before they can begin.

Joshua :

If they ignore these requirement your MIL can obtain an injunction and costs to require them to stop work using form N16A

Customer:

do they have to serve a party wall notice if the foundations dont go below ours ?

Joshua :

If they are buiding within 3m of your building then they do regardless of whether they are going deeper or not. If they are going deeper than your foundations, the distance is double to 6m

Customer:

we have had no notice and the council enforcement officer came up, looked at the extension.. told them to move it back as it was beyond the 3m limit. was this right that it was not picked up that they were less than 3 meters away from her house ?

Joshua :

The council planning officer does not enforce party wall matters. This must be done by your MIL if she owns the adjoining property.

Customer:

thanks for the info.As well as this the room is north facing, is served by a single patio door which will block the light as it is 3 meters high to the left hand side.
We are fighting against the right to light issue as well. I know, this to is a civil matter.
We contacted our insurers and they are taking up the case on our behalf. As much ammo I can have the better.

Joshua :

If they are building within 3m of her property and have not served a party wall notice, your MIL can ask them to stop building immediately and if they refuse either apply for an injunction or ask a party wall surveyor to act for her. The neighbour will be responsible for his fees once he serves the appropraite notice on the neighbour that he is acting as a party wall surveyor.

Joshua :

Regarding party wall and right to light matters speed is of the essence as there is little scope for claiming mor e than damages once the building is completed.

Customer:

We have asked her twice, once we served a letter to her by hand. second time we sent it special delivery. No work has stopped so we will be seeking an injunction. I know she is being unreasonable and I hope we can get it sorted in the near future.
I thank you for your time and valued opinion. I will rate your answer favourably.
Regards Ian

Joshua :

Many thanks. You will need form N16A to apply for an injunction

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Customer:

Thank you I will download it now.

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Customer:

Have a good evening :)

Joshua :

And you.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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