Can I stop building next door that would make my house a mid-terrace?

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PROPERTY CLINIC: Can I stop my neighbour building in opposition to my wall and hitting my house’s worth by turning it into a mid-terrace?

  • Your neighbour’s construct will flip your own home into a mid-terrace, lowering its worth
  • There is little within the planning system to guard neighbours’ house costs
  • Planners are involved about whether or not a new improvement harms the world 

I reside in an end-terrace house, and my neighbour owns the backyard to the aspect and desires to construct one other house there, proper up in opposition to my aspect wall, so that my house turns into mid-terraced.

This will imply my house will fall in worth by about 15 per cent and the building works might be a nightmare since we do business from home – can I do something to stop it? JB

Planners are involved about whether or not a new improvement harms a explicit space

MailOnline Property knowledgeable Myra Butterworth replies: It would appear unusual that the present planning system can enable a neighbour to construct proper up in opposition to your aspect wall.    

However, we spoke to a planning knowledgeable and that is apparently the case, because the planning system isn’t designed to guard house costs or defend from building noise – each of that are considerations you’ve gotten raised.

That means this would possibly not robotically get turned down, solely because of your objection on these issues. 

Planning permission will nonetheless be required and so it’s essential focus your consideration on that and the way greatest to affect the event ought to consent be granted. Our planning knowledgeable offers extra particulars on this beneath.

Martin Gaine, a chartered city planner, replies: Neighbours’ building work is never welcome – it’s noisy and disruptive and there may be all the time the danger of injury to your individual property or a lack of mild or privateness from the ultimate improvement.

You have additional trigger for concern. Your neighbour needs to construct a entire additional house as a aspect extension to yours, turning your end-terrace into a mid-terrace and sure lowering its worth. You are proper that the building works might be depressing, particularly because you do business from home.

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The drawback is that a landowner is mostly entitled to develop their very own property and there may be little within the planning system to guard neighbours’ house costs or to guard them from building noise and problem.

The Party Wall Act permits neighbours to construct as much as their boundary, so you must first work out whether or not your neighbour owns all the land proper as much as your aspect wall.

If the aspect wall of your house straddles the boundary – i.e. is half owned by you and half by them – they’re entitled to make use of that wall as a part of their construct.

If your aspect wall is in your land however sits proper next to the boundary, they will construct the house proper up in opposition to it.

The Act requires that they serve a discover on you, and you may make use of surveyors at their expense – to make sure their plans will not harm your property – however you possibly can’t use it to stop the works completely.

Your neighbour will want planning permission for his or her improvement. It is essential to make representations on the planning software. Download and browse the plans fastidiously and search recommendation from the case officer if there may be something you do not perceive. Seek the assist of your native ward councillors if you happen to really feel that your considerations aren’t being heard.

Consider your response fastidiously. The planners are involved about whether or not a new improvement harms the world – when it comes to harming its character and look, inflicting parking issues and so forth, and that it doesn’t hurt neighbours when it comes to a lack of mild or privateness. But the influence on the worth of your property and the disruption from building works are merely not legitimate planning issues.

Don’t focus completely on stopping the event – if it’ll occur, you need to affect the way it occurs. You can touch upon the design – to make sure it matches the opposite homes alongside the terrace – in addition to proposed landscaping and the quantity of parking, and you may ask for planning circumstances to manage how the event takes locations – limiting building works to explicit hours and days, for instance.

Even in case your neighbour owns the land next to you they usually get planning permission, a construct like this is not going to be easy.

They will want your co-operation to make a success of it, which can offer you some leverage in discussions with them about precisely how the event is carried out, even in case you are unable to stop it completely.

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