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Extensions

Extension directly affecting neighbours existing use of party wall.

Anonymous user 28/02/2024 - 3.04 PM

Hello In short my upstairs neighbour in a converted building ( now upstairs and downstairs) owns the side of the house and the access to the back down that side. His front door is there now he has built a porch with two doors in it, creating a sort of through and through. No planning was submitted. No problem except that now when I open my bathroom window, he can't open the back door of this porch. he has on several occasions forcibly closed my window. Now he has resulted to building a physical barrier over the window so I can't open it. Is the porch legal? Also, he has built a wooden wall and gate blocking off access to back. No problem, he owns that side of the house, but when I open the bedroom window facing that side, he can't properly open the gate. He keeps closing my bedroom window. Building control says its a party wall issue? Can he affix barriers preventing me use of my windows to his legally owned side of the party wall? If I'm in the right place, please help or direct me if you can. By the way police said its a civil matter and he commits no legal offence by slamming my windows... absurd! Thanks

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2 Answers

Anonymous user

you would need to seek further legal advice perhaps from CAB, however I would expect that you would have right of access to side area to maintain your part of property ie windows further to this, although he may shut your windows, he is not allowed to damage them, this could be construed as criminal damage for which he would be liable. you could install locking bars to keep windows open when you require them or perhaps change windows to internal opening or sash type

Answered2 May 2014

Anonymous user

If the property is split into flats I believe the porch would require planning permission and suggest you speak to the Enforcement Officer at the Council who will confirm this and take action if necessary. If this is the case then the neighbour will be required to submit a retrospective application and you will be consulted on it- you can then object on the grounds of what has been done to your window. This could result in the application being refused leading to enforcement action. I also agree that this is a Party Wall matter and I would think you have the right to continue to use your window unless you agree otherwise. You should probably seek further advice from a good Party Wall surveyor about this.

Answered4 May 2014