Ask a Tradesman
Rights when neighbours build without informing neighbour's consent
Hi, I worked away returning home every two to three weeks. On one of my return journey found my neighbour (left) had removed the boundary fence between the property, digging up my patio area and had a 6ft wall up ready for completing a conservatory. I contacted the council who request my permission to visit them. The council did and halt the building because they did not have planning permission. I return some weeks later and the building /conservatory was up, which mean I came out of my lounge with their conservtory as my garden wall. I contacted the council who visit said they had contacted me for my objection which never arrived so allow the building to continue!!!! and its now a civil matter. Considering I alerted the council, What is my rights when they(the neighbour) tresspass onto my property to build digging up my patio area, without my permission, and having their conservatory directly outside my lounge (where there was a partiition fence? Also how long before you loose your rights to complaint. Jeany
If you have internet access, it is always a good idea to register on your Local Planning website, you should then receive notifications from the Planning Office when any applications are submitted in your locality, particularly adjoining sites.
The Planners do generally send out letters to affected neighbours and nearby neighbours when planning applications are lodged and invite any interested parties to comment.
These consultation letters do not always arrive and after a planning decision is issued it is too late to object.
If the foundations or gutters of the new building overhang your boundary then you may be entitled to seek compensation or request that the parts of the building that overhang your boundary and property to be removed, you need to discuss this with a planning lawyer, if you need any further advice please get in touch
Aztech Architecture Ltd
Answered 7th May 2013
The law can be a bit of an a** sometiems Burocurcy rules and it is down to us to fight it!!
Your neighbour has contreveaned many rules/regulations but it will cost you a lot of funds in solicitors etc, even if you win and you may not the compensation may not cover your outlay.
It is hard when you have been wronged but sometiems just for the peace of mind we just have to let it go.
On the other hand if you have 10K to throw at it "Take then to the cleaners" so to speak a civil action should sort them out and thretern the council as well with the same make them jump a bit.
The choice is yours but the outcom is not a garentee even if you are right.
Answered 6th Nov 2012