Planning Permission

ramsden

ramsden

ramsden

Associate
Joined
24 Oct 2007
Posts
131
Location
Wirral, UK
Hi, a quick question for those in the know. I live in a 1930s semi. My neighbour (detached side) has a two story extension with a flat roof that is built up to the boundry line (it was like that when we bought our house - no problem). They have now converted the roof to a pitched roof which now protrudes (slightly) over the boundry line and slopes towards us. Would planning permission have been required for this? I have checked the planning portal and I am still not sure. It does not extend higher than the rest of the house. Cheers.
 
JRJ said:
Any construction within 1m of the boundary also requires planning
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That's not correct, there are many clauses in pd rights, but none that state that.
Eaves heights are limited if you are within 2m of a boundary if you are extending, but alterations to existing roofs do not have that restriction...
 
ramsden said:
That there is some overhang of the roof limits the potential of extending (as the neighbour has).
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If you end up extending you would either need to go above theirs and at that time you can flash their roof into yours, just make them aware that this is a possibility (if you do have any intention of doing it of course)
They've just done it the best way for a pitched roof, obviously it would be different if there was something to butt against... Worth mentioning to them, but the overhang is nothing to do with the planning department or building regs - probably should have had a party wall agreement but too late now the works been carried out
 
the_r_sole said:
If you end up extending you would either need to go above theirs and at that time you can flash their roof into yours, just make them aware that this is a possibility (if you do have any intention of doing it of course)
They've just done it the best way for a pitched roof, obviously it would be different if there was something to butt against... Worth mentioning to them, but the overhang is nothing to do with the planning department or building regs - probably should have had a party wall agreement but too late now the works been carried out
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Thanks for the reply. If there should be no issue with adjoining the extensions (should we go down that route) then its a bit of a non issue then. Just wanted to make sure we hadn't lost any options.
 
ramsden said:
Thanks for the reply. If there should be no issue with adjoining the extensions (should we go down that route) then its a bit of a non issue then. Just wanted to make sure we hadn't lost any options.
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If you are even considering it, it would still be worth discussing with the neighbour and asking them to put something in writing that they accept you can alter the roof if you ever extend.
Out of interest have they put a gutter and downpipe onto the roof?
 
If they are doing work on that boundary I believe they need to serve you with a Party Wall Agreement - am I right in thinking this?. I would still ask for this (cheeky as they should have done this).

As said above, just make sure you can also use the wall without any issue - i.e nothing hanging over the sides or any pipes sticking out.
 
Vanilla said:
If they are doing work on that boundary I believe they need to serve you with a Party Wall Agreement - am I right in thinking this?. I would still ask for this (cheeky as they should have done this).

As said above, just make sure you can also use the wall without any issue - i.e nothing hanging over the sides or any pipes sticking out.
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Party wall agreements are only valid if they are in place prior to work starting, you can't use them retrospectively. Insisting on one now would have zero value.

Entai said:
You own all the airspace above your property right up to the boundary line, anything overhanging into your airspace is at the very least trespass.

Depending upon how long it has been that way some specific granted rights may apply.



Good article here

https://www.lyonsdavidson.co.uk/can-homeowners-overhanging-eaves-gutters/
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Reasonable article, highlights that you need a valid reason for it to be deemed trespass.
Best thing to do is get a written agreement that their eaves and gutter can be removed if the OP is extending and it's necessary - polite discussion is usually much more effective than threating formal legal action when it's not currently a huge issue.
 
Thanks for all replies - I'll have a chat with the neighbour, not sure he's aware really. Hopefully we can come to some agreement - would the written agreement be something I could 'knock up' or would I require a solicitor for this?
 
Furyus said:
I believe so yes, Anything that alters the roof is required to have planning permission.
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That's not the case. Some alterations to roofs are development permitted by the GPDO.
the_r_sole said:
If it projects more than 150 mm from the original roof plain it needs pp iirc...
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That is only the case for certain alterations. Others are only limited by the highest part of the roof, like the conversion of a flat roof to a pitched roof.
 
I spoke to my neighbour last night, seems agreeable to my request. I provided him with a draft agreement with two conditions 1 = that the overhanging eaves and new guttering on his extension are his to maintain and should be repaired promptly if required. 2 = that in the event planning permission is granted for me to extend towards the boundary that reworking of the guttering/eaves would be acceptable as necessary(leaving both properties in good shape, to be detailed within a party wall agreement at the time of works). This seems reasonable to me - hopefully he'll have no issues with this and all will be well.
 
roadie said:
That is only the case for certain alterations. Others are only limited by the highest part of the roof, like the conversion of a flat roof to a pitched roof.
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I've always thought the highest part of the roof thing was if you have a new roof or extension rather than altering an existing roof, but i generally find that planners always find a way to say whatever it is needs planning approval!!

Sounds like you're sorted op
 
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