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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A dormer window is being built on the back of a house opposite

Customer Question

A dormer window is being built on the back of a house opposite the back garden of my house. Prior to this construction, the house did not overlook my property. However, it will now look into my garden. The house itself is located down a slope from the back of my house and is situated about 5-8 metres from the fence separating both properties.
We have confirmed the council of this and have been told that no planning application has been made, but I want to get them to stop working immediately and have it investigated before it goes too far. I am worried that the dormer will get built and then the builder will prey on what they perceive as a toothless council that will not actually have any power to act. Ultimately, I want them to not have a dormer at all. But I don't understand what the law states on this.
What are my options? What information do I need to gather? Who should I talk to? What should be my first course of action?
Thanks
Ross
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do you want to get a Solicitor to send a letter or something more urgent to stop the work please?Alex
Customer: replied 1 year ago.
Hi Alex,Potentially I will need a solicitor. At this stage, I am simply trying to understand my rights and what actions that I need to take in the next few days
Expert:  Ash replied 1 year ago.
Indeed. You need to get a local Solicitor to write and ask them to stop pending investigation by the Council. If they refuse then the next option is to seek an injunction halting the works. You would need to complete forms N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfN16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court can give an emergency injunction the same day, but ideally you would want to give the other side notice so that they can get representation and attend any emergency hearing.But if the Order is made and the work carries on this is contempt of Court, where they can be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thanks Alex, That makes sense. I will need to speak to my wife tonight.What will determine how much of a chance that we have of this being successful?Thanks
Ross
Expert:  Ash replied 1 year ago.
I think you would have a chance of stopping it RossDoes that help?AlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
My phone number is ***** 521320
Customer: replied 1 year ago.
and am available to speak now
Expert:  Ash replied 1 year ago.
Calling now.Alex

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