Extension encroachment - any surveyors / builders / property people on? (pics)

Vanilla

Vanilla

Vanilla

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Dear internets, we always love posting here first when we have been mugged, assaulted or whatnot. Well right now they're STEALING MOI LAAAND.

My mum recently passed away and i've just begun to look into her property.

I've noticed the people next door taking some shocking liberties with regards to their extension (she was very sick and didn't really pay attention to what they were doing next door). i've drafted a notice of encroachment to give to the builder and the owner (who has not moved in yet). Appreciate any of your experiences.

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Dear Mr x,

I am the freeholder of 18 randomroad Road. I have recently carried out an inspection of the property and the land at 18 randomroad Road after the leaseholders raised concerns over your ground floor extension at 16 randomroad Road Road and your proposed garden fence location.

I am unhappy with what I have seen and I am formally issuing you with a ‘Notice of Encroachment’ for the following reasons. I also urge you to stop all works immediately until we agree a solution in writing.

1.) Ground floor extension encroaching onto our land: Your ground floor extension encroaches onto our land and is classed as a Party Wall. We have not been issued with a Party Wall Notice and we have not agreed or signed a Party Wall Agreement. This is a breach of the Party Wall Act of 1996.

Please see pictures 1 & 2 at the end of this letter.

2.) Garden fence: We contest the planned location of the garden fence. A hole has been dug far into the patio and garden of 18 random road for the purpose of erecting a fence. This has both damaged our patio and encroached onto our property.

Please see pictures 3 & 4 at the end of this letter.

3.) Ground floor extension - air vent location: This should be facing into your garden and not into my land.

Please see picture 5

4.) Loft Encroachment: From the ground floor we notice that there is some overlapping of the felt onto the party wall at the roof level.

Please see picture 6

5.) Ground floor flat roof: The felt that has been used is currently overlapped over the boundary wall. This must be removed.

Please see picture 7


We would greatly appreciate it if you would remove these encroachments within 30 days. If necessary, we are prepared to go to court to seek an order that the encroachments be removed at your cost.

Picture 1:

vO0Jz.jpg


We can see visually that the extension has crossed into our boundary and if we project a line it is built at an angle which encroaches on our land. The builders are using this extension as a marker for a line for the garden fence. Not only is the extension already encroaching on our property but the hole you have dug is well beyond your builders incorrect string line and in our land (see picture 4).

We believe the fence should go back in its original position and there are clear markers on the property that will determine this.


Picture 2:

QI8EB.jpg


We dispute the boundary position of your concrete patio and you can clearly see that your extension protrudes 6 inches beyond the disputed boundary of your patio.


Picture 3:

dG0tU.jpg


We are very disturbed that your builders have dug into our land without permission and then hide the hole with a bin lid.


Picture 4:

kPrB1.jpg


This shows your builder has placed the string line incorrectly. The string should be well into the line of your concrete patio. The picture clearly shows you have damaged our property by digging a hole for what I assume is going to be a new fence post.


Picture 5:

yFqhw.jpg


The above picture shows the air vent that is facing our property. I suggest you relocate this to the front of your extension, facing your garden, as we intend to build an extension in the future and this air vent will be blocked. I am surprised that the building regulations officer has allowed you to place a vent in that location.


Picture 6

OuqKh.jpg


Dormer felt overlapping


Picture 7

qbZpj.jpg


Ground floor flat roof overlap

-----------------------------------

Yes. lawyering up will be an option but my intention now is to just stop them before they continue.

Advice appreciated
 
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I would probably also call the council planning enforcement officer (may not have exactly that title) and ask them to please urgently visit, ideally arrange to meet them there.

They are practically the only person who can halt building.

My parents objected to a loft conversion that was unplanned and by the time the council responded it was completed and the builders had left site.
 
robskinner said:
I would probably also call the council planning enforcement officer (may not have exactly that title) and ask them to please urgently visit, ideally arrange to meet them there.

They are practically the only person who can halt building.

My parents objected to a loft conversion that was unplanned and by the time the council responded it was completed and the builders had left site.
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They have no planning. Due to the fact it was less than 30% extension they don't need it.

They do, however, have to abide by planning laws, building regulations, etc. To be honest the extension is a real bodge job and I doubt anything has been done right.
 
robskinner said:
I would probably also call the council planning enforcement officer (may not have exactly that title) and ask them to please urgently visit, ideally arrange to meet them there.

They are practically the only person who can halt building.

My parents objected to a loft conversion that was unplanned and by the time the council responded it was completed and the builders had left site.
Click to expand...

if its unplanned don't the planning office just order them to rip it down?
 
Tefal said:
if its unplanned don't the planning office just order them to rip it down?
Click to expand...

No. Not every extension requires planning permission.

As long as the property has not been extended since being built you can extend by 30% without seeking planning permission (permitted development).

You need planning permission for a variety of reasons such as going above this 30% and a variety of other reasons.
 
you need to get a solicitor to sort out the party wall act stuff, all the issues should be dealt with in that - however, the subfloor vent is in a suitable location, if you build an extension you will have to vent your subfloor too
 
the_r_sole said:
you need to get a solicitor to sort out the party wall act stuff, all the issues should be dealt with in that - however, the subfloor vent is in a suitable location, if you build an extension you will have to vent your subfloor too
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Let's assume the vent stays where it is. Then I want to extend the downstairs.

A building regulations officer comes along and says that I can't extend because it would block their vent.

Typically building regulations officer state vents must be facing the garden for this reason. Add fuel to the fire that....big surprise!...cowboy builders have not engaged a BRO.
 
i would NOT want to be in your position, op.

go see a solicitor and document all your findings.

you could always *ahem* fall down the hole covered by the bin lid, if you really wanted to open a can of worms. i'm not for ONE SECOND suggest you do this though....
 
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Vanilla said:
No. Not every extension requires planning permission.

As long as the property has not been extended since being built you can extend by 30% without seeking planning permission (permitted development).

You need planning permission for a variety of reasons such as going above this 30% and a variety of other reasons.
Click to expand...

Correct but they will have an enforcement officer (as I said the exact title will differ) who has the ability to stop building whilst any issues are sorted out. This is the person who typically stops work when someone starts working on a listed building without the correct permissions.

The further the build gets the harder it will be to do anything about it as reasonableness starts to kick in.

Council and solicitor asap. Do both not either.
 
Probably won't need planning permission tho its hard to be sure from the images (we are in the middle of having something similiar done) and hard to see from the photo but appears to be flush with the internal dividing wall so probably its just about inside boundaries tho leaves no space for a fence alongside it (as always this is something you will need professionally assessed).

The vent is a big issue tho and should never have been done like that.
 
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