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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7615
Experience:  UK solicitor holding an England and Wales practising Certificate.
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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: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 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
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