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Joy Nicholas
Joy Nicholas, Lawyer
Category: Law
Satisfied Customers: 2260
Experience:  Lawyer
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Neighbouring extension, birmingham, no step yet, no

Customer Question

neighbouring extension
JA: Where is this? It matters because laws vary by location.
Customer: birmingham
JA: What steps have been taken so far?
Customer: no step yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
Dear Madam/Sir,I am from Birmingham. It is regarding neighbouring house extension. Please receive the attached extension plan of the neighbour with the ref. 2021/02425/PA.I want to ask the neighbour to retreat from the edge of their building for the rear extension to keep the fence between our two gardens. This will greatly help to reduce the loss of the light and of view our house caused by their extension.We have the following concerns too:
The neighbour should ensure all their extension does cross the boundary - this includes foundations, gutters and roof. Given the walls of the front and back of the extension are at the boundary between our two houses, this is impossible.
The depth of the real extension exceeds the limit of 4 meters.
The height of the real extension at the fence exceeds the limit of 3 meters.
The height of the front extension exceeds the limit 4 meters.Please send me your advice to my email address:***@******.***Many thanks and best regards,Qianxi Wang*****Selly Park,
Birmingham B29 7ED
Expert:  Joy Nicholas replied 13 days ago.
Hi, thank you for your message. Welcome to just answer. I am sorry to hear about your situation. Can I confirm have you spoken to your neighbour about your concern?
Customer: replied 13 days ago.
Thanks for your early reply. I am trying to contact them, who are overseas now.
Expert:  Joy Nicholas replied 12 days ago.

Hi, thank you for your message. I would advise that you write them a letter setting out your case and what you want from them. If you cannot reach an agreement you will need to take legal action.

The solicitor will be able to weigh all the evidence before them and help you build a strong case. You can find a solicitor by using the law society find a solicitor link here: https://solicitors.lawsociety.org.uk/ You will be able to search by specialism and also town or postcode to find one near you. You may qualify for legal aid if you have low income and want to take the case to court. You can check if you can get legal aid here: https://www.gov.uk/check-legal-aid. You can find a legal aid solicitor by using this link: https://find-legal-advice.justice.gov.uk/. Legal aid is free assistance to people who cannot afford to pay legal fees such as legal advice and proceedings. You could also visit your local Citizens Advice Bureau (CAB) ( For more information please visit: https://www.citizensadvice.org.uk/). CAB’s are accessible in different areas in the country providing free legal advice to individuals who cannot afford this. You can contact them by phone to book a face to face appointment. They may also be able to provide phone appointments. Moreover, you might be able to find a pro bono lawyer by attending/contacting a LawWorks Clinic. A probono lawyer is a free lawyer. The LawWorks Clinics Network is a network of free legal advice sessions that LawWorks (the Solicitors Pro Bono Group) supports. For more information and to find a network near you please visit the following website: https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you. I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

Expert:  Joy Nicholas replied 12 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

Customer: replied 12 days ago.
Many thanks for this. I have discussed with the neighbour online today. I have asked him to send me an email to confirm that he agrees to retreat from the edge of their building for the rear extension to keep the fence between our two gardens. He will get back me ASAP. If he agreed, is an email sufficient?Are my following comments make sense to the council? Will the comments affect the council decision?
The neighbour should ensure all their extension does cross the boundary - this includes foundations, gutters and roof. Given the walls of the front and back of the extension are at the boundary between our two houses, this is impossible.
The height of the real extension at the fence being 3.6 m exceeds the limit of 3 meters and block lights to our window.
The depth of the real extension exceeds the limit of 4 meters.
The height of the front extension exceeds the limit 4 meters.Do I have the right to refuse any use of my land for the neighbour during their construction of the extension?Any of your further advice will be appreciated.Many thanks and best regards,Qianxi
Expert:  Joy Nicholas replied 12 days ago.

Hi, thank you for your message. Yes an email is fine just make sure you keep record of all communications. Yes your comments should be fine. Your neighbour should only be using your land with your permission. Best wishes