neighbours extension 4" over dads side?

Question

A builder brought the house next door to sell on. Hes built an extension. Dad was always under the impression that when you build you keep 6" away from the dividing line. He did phone the council but quite frankly they said building regulations have been relaxed and were ok with this. So its almost built and the builder has chopped off some of dads roughcast, dad got up and measured the gap between the bedroom windows and the builders house is 4" over the central line (he was obviously just going to roughcast over it thinking dad wouldnt notice. Dad questioned it and he went quiet. So the position is mom and dad want to put their home up for sale but are worried a surveyor will pick up on it and there could be problems with it. So what should dad do?

Answer 1

Get your dad to check his household policy for legal advice cover.

The biggest issue might be if any new owner of your dad's place want to build an extension.



The builder's extension still needs to comply with Building Regulations and the Party wall act.

IF the wall is in the wrong place, you can force it to be taken down and rebuilt in the proper place.



https://www.gov.uk/party-wall-etc-act-1996-guidance

http://www.planningportal.gov.uk/uploads/br/BR_partywall_explain_booklet.pdf

Answer 2

Sadly building regulations can do nothing when a dispute such as this arises. In principle next door can construct right up to the boundary but must not encroach over adjacent land without the express consent of the adjoining owner. The authorities will not get involved however, if this happens, as your dad has found out as it is regarded as a civil matter but they do advise thinking very carefully before taking legal action as it can be very costly. Probably the best thing is to get some initial legal advise to decide what's best to do - either from legal insurance if Dad has it on his household insurance policy or from citizens advice.



Also if Dad wants to sell his house and is or has been in dispute with next door then it has to be revealed to potential buyers who may be put off as a consequence. This really is a can of worms. Perhaps compensation could be arranged with the builder? The only other thing that worries me is what if whoever buys dads house wants to have a similar extension built - would they still be able to? I am thinking of the Party Wall Act here. Dad does really need to talk to a solicitor and/or a surveyor to work out the best course of action.

Answer 3

It's a legal question based on the law in your jurisdiction. In most places I have lived and owned property however you need a lawyer to write a Demand Letter demanding that the error be corrected within 30 days. At the end of the 30 days if no correction has been made, you file a Statement of Claim with a Court having jurisdiction and have the S of C served upon the defendant.



In your case however you mention "the Council" being "ok with this". If the encroachment is not actually onto your Dad's property but only onto the traditional "set back", then you might have no alternative but to sue "the Council" to enforce what has been the traditional set-back regulations -- a much tougher proposition.

Answer 4

im a builder ..no building regs have been relaxed ..if anything they have been tightened ...your neighbour has got it wrong if your dads measurements are correct ..although you can build extensions of a certain size ..in your neighbours case no more than width of property and outwards 3 metres without planning ..all works must be under building control ..the foundations must either have a spread of 150mm 6" .therefore you build 6" from boundary ..or you do a special footing with a toe ..then you can build on edge of footing ..your neigbour will have two options ..come to an agreement with your dad ..or remove exterior wall ...any problem with neighbour ring building control