How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7503
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

Good morning, My neighbour has erected a Wendy House right

Resolved Question:

Good morning,

My neighbour has erected a 'Wendy House' right against the boundary wall between our properties. This is an extremely large structure nearly 3 metres in height, and is only just over a metre from the end of my patio. It therefore dominates the outlook both from my patio and from my main living area. I consider that this has impacted on my property, and that he should not have erected it in this location without first discussing it with me. Am I right, and is his structure legal? I was under the impression that a shed or similar structure had to be a certain distance from a boundary fence or wall if it was over 2.5 metres in height.

Many thanks.

regards,
Alan Mitchell
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically, he can erect an outbuilding without applying for planning permission if it falls within the “permitted development rights” limits.

Here is a guide to the limits of what constitutes permitted development for an outbuilding:-
http://www.planningportal.gov.uk/permission/commonprojects/outbuildings/
If it is within 2 meters of your boundary then the whole height of the outbuilding should not exceed 2.5 metres. If he’s over this he should have applied for planning permission. If this is the case then you should inform the planning department (if your neighbour does not agree to take it down) and ask them to take enforcement action and to keep in touch with you about what they are doing.

If the structure is astride/against the boundary wall between your property then they should also have obtained your consent under the Party Wall Act 1996 as it affects the boundary. If you did not give consent then you should be able to have this removed by going to a local solicitor and getting them to write a letter before legal action to them explaining that they should have obtained your consent and requiring them to remove it.

So, basically, you have three methods of recourse options:-
1. Discuss informally. Do this formally to see if they are willing to remove it.
2. Planning Department for planning permission contravention. Do this second because it costs you no money and you can rely on the local authority to do the hard work
3. Party Walls enforcement via a solicitor and, if necessary, an injunction for it to be removed.

It’s also important to remember that you may have to live next to the neighbour for a considerable time afterwards and so this may factor in to how aggressively you pursue the recourse.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7503
Experience: UK solicitor holding an England and Wales practising Certificate.
Thomas and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.