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Rules/regs when building next to neighbours driveway??
We are outgrowing our house and wondering if anyone can advise what the rules/regs are with regard to boundaries with neighbours driveway when building to the side. Our house is detached with long single width drive way at side which is adjacent to neighbours identical single width driveway. At the rear of our driveway is our single detached garage which lies beyond the rear wall of our house into the garden. Would building regs allow us to have current garage knocked down, then build new garage attached to side of our house in the current driveway, with bedroom above (it would work internally). My concern is the side wall of the extension would be right next to the neighbours driveway. Is this allowed? We did an extension in our previous house and I know the external wall needed to be 1 metre from neighbours garden fence, but someone suggested rules are different when it is next to a driveway rather than a garden. Is this correct? We are in Scotland. Many thanks.
4 Answers from MyBuilder Extension Builders
When undertaking building work the question of the accurate location of property boundaries often arises. Unfortunately this can sometimes lead to disputes between adjoining neighbours.
The Building Regulations can do nothing to assist owners when boundary disputes arise. In principle, when erecting a new building or extension to a building, you can construct it up to the boundary but must not encroach over the adjacent land without the express consent of the adjoining owner. This means keeping all elements, including temporary scaffolding, the projection of foundations, eaves, rainwater goods, opening windows etc. within the confines of your own land. Also, if you are unable to obtain the adjoining owner’s consent to access their land you should consider how the building or extension is to be constructed from your side only, e.g. if applicable, how will you build and render the external wall? You will also need to take account of any requirements that may apply under the Town & Country Planning Act and Party Wall Act.
The location of property boundaries is purely a civil matter between adjoining owners that is best resolved amicably rather than resort to legal processes. If you are unable to agree the location of the boundary with your neighbour you may need to appoint a Solicitor or legal advisor to assist in resolving the matter. However, you should think carefully before resorting to this course of action as court proceedings can prove very costly.
The Land Registry of England and Wales maintains a register and title plan of registered land including details of ownership etc. This information can be purchased for a small fee and can be helpful in establishing at least the general boundaries of land. Sometimes the register contains details of who owns the boundary and who is responsible for its maintenance. The Land Registry also provides comprehensive guidance on boundary matters that can be accessed from their website.
Boundary fences, walls and gates
Building Regulations approval is not required for the erection of boundary fences, walls or gates. You should still however give careful consideration to their construction to ensure that they are safe. Masonry garden walls often suffer collapse and, unfortunately, they are one of the commonest causes of death by falling masonry. Some guidance on the erection and maintenance of garden walls is available from Planning Portal website, and you may also wish to seek expert advice.
Before proceeding you should also check with the Planning Department whether or not planning permission is required. Usually you will not require planning permission if the fence or garden wall adjacent to the highway does not exceed 1.0metre high or 2 metres high in other situations.
You should also be aware of requirements and obligations under the Party Wall etc. Act 1996.
Answered 28th Jun 2011
Hello, I would advise you to contact your local City and Town Planning department or seek out a professional Architect and put this question to them. Building Regs and Laws might be different between the borders of Scotland and England.
This applies in England and Wales: Quote..."Generally there are no obligations to consult your neighbours,
but it would be sensible to do so. In any event, you should be
careful that your proposed building work does not interfere with
their property as this could lead to bad feeling and possibly civil
action for the modification or removal of the work. For example,
your work may comply with the Building Regulations but could
result in the obstruction or malfunctioning of your neighbour’s
boiler flue. You should also check your boundary lines and satisfy yourself that there are no deeds of covenant which may prevent
you carrying out certain types of building work close to or
directly adjoining your neighbour’s property." Sourced from...http://www.communities.gov.uk/documents/planningandbuilding. Date 19 June 2011
Answered 19th Jun 2011
The current rules basically allow you to build to within 1 metre of your boudary and i am not aware of any special distinction made when it is to a driveway. Best thing is to visit your local planning office and ask for their advice, contrary to popular belief, I have found them to be very helpful.
Answered 22nd Jun 2011
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