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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I live in a mid terrace house. My neighbour has erected a porch

Customer Question

I live in a mid terrace house. My neighbour has erected a porch and the side wall is on the boundary between our properties i.e. within 1.5 feet of my front door. Not only is it an eyesore, it cuts light to my living room. I have read on the Government planning portal that planning rules permit the construction of a porch provided no part of the porch is wihtin 2 metres of any boundary of the dwelling and the highway, Kingston Council say it's just the highway - who is correct?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is Tony and I can assist you with your question.

tdlawyer :

There may be planning issues that need tone addressed by your neighbour and you should contact the planning department to see whether this is the case. They will come out and look into this.

tdlawyer :

The provisions you might be thinking of relate to party wall structures, which should not be erected without going through a party wall act process. This means thats before building on boundary, a surveyor would need to be appointed to ensure that appropriate foundations were dug, and that no unnecessary damage/trespass occurred.

tdlawyer :

If they did not go through this process, then you might have a claim against them for breach of statutory duty, but to be honest, the compensation (without actual damage or issue concerning your property) is likely to be very minimal.

tdlawyer :

You may have a claim for breach of your right to light though, if you can show that there has been a material impact of the level of light you get from the property. However, you have to show that the light came through a specific window (or defined aperture) before you can make this type of claim - i.e. you need to show light has been coming through this specific window(s) for 20 years or more or that your deeds contain a specific right to light.

tdlawyer :

This can be a complex area, but the claim is certainly one that can be made, and it can require the porch to be removed, or for compensation to be awarded instead.

tdlawyer :

Why have you rated bad service please?

JACUSTOMER-crkq1dpe- :

Because my question did not relate to party wall structures. My question related to the erection of a porch. According to the Government Planning Portal permission is not required provided no part of the porch is wihtin two metres of any boundary of the dwelling and the highway. It is on the boundary between our properties, the side wall is within 1.5 feet of my front door. Kingston Council say a porch is permitted provided it is within 2 metres of the highway. Who is correct?

tdlawyer :

The planning portal deals ONLY with planning issues. I've told you that the Party Wall aspect IS relevant, because this is different legislation that also applies to your neighbour.

tdlawyer :

This is because it's build on the boundary. This has nothing to do with planning law or the planning portal.

tdlawyer :

So, there might be no planning issue (and hence, the planning portal would be right). I have no idea what the 2m within the highway is all about - that means nothing to me, so I would say the most accurate of those positions is the planning portal.