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QUERY ABOUT NEIGHBOUR'S EXTENSION

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louizi | 00:50 Thu 22nd Mar 2012 | Law
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My neighbour built an extention about 3 months ago, and without going into too much info in the first instance, I was wondering whether at 3 metres high with an apex type roof whether the side wall of the extension should be a matter of a few inches away from our 6 foot fence which separates the properties, we live in a terraced block on a housing estate (which has 300 plus houses and not one extension on, all others are conservatories). It looks unsightly as its so large and the brick work is awful.(not British brickies) I have just read somewhere that where a building structure is within 2 metres of the boundary, the total height may not exceed 2.5 metres. So does "boundary" mean any boundary whether its a side one or a rear one?
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Course it does it's any boundary of your property I'd get in touch with your local council to see about it being removed!
As has been said, contact your local council as they would have had to give planning permission.

They would have also had to agree the size and position of the structure from the plans.

They should also have writen to you and other neighbours telling you it was going to be built and for you to put in any objections.

The would also have sent a council person round to check the foundations were good and that it was being built to a certain standard.

If none of these things happened then it may have been built illegally and the council may be able to get the structure knocked down.

You say "not British brickies" but unfortunatly many foreigners come from countries where these planning laws dont apply and they think they can build what they like where they like (and to a shanty town standard).
they might not have to have had planning permission VHG, but they would have had to have had building control approval (which as far as i'm aware you don't have to inform neighbours about)
check with the planning department of your local council.... may well be a dodgy one
I agree with rowan - the council planning dept should be your first port of call
These things are a right pain. When I had a single story back extension built some years back I was told I could not go up to the border for a whole host of reasons I can not recall now. The reduced size made the conservatory area laughably small. But apparently when my neighbour built theirs some time afterwards well that was ok for them to do. Presumably because they weren't me.
Some local authorities have an online register of planning applications (ncluding copy documentation) where you might be able to do a search online, see if anything comes up.

Also worth checking any local restrictions such as Conservation Orders.

Your local authority should be able to confirm this as said above but could be useful having a quick check to have any additional info available first.
The rules were altered.....but there still *are* rules which need to be adhered to.

This may help: http://www.planningpo.../extensions/miniguide

If you are still uncertain, contact your local Planning Department and request that a Planning Officer comes out to visit the site.
My neighbour didn't have to seek planning permission when she put up her conservatory, because it fell within the (very old) original building line. Local authority rules may vary, you need to contact your district council planning dept (or look at their website (this is ours) http://www.dover.gov...._need_permission.aspx
The other answers may be jumping on your assertion about extensions within 2 metres of the boundary - without knowing the current rules themselves.
These are the current rules in England (don't know what the 'provinces' do about this sort of stuff these days - they may still follow England).
http://www.planningpo...nprojects/extensions/

About 18 months ago the rules were relaxed concerning Permitted Development Rights - that is, small modifications to dwellings that do not need Planning Consent.

Much depends on the height of this extension at the eaves level - he can go up to 3m high.
The other main constraint is that the roof apex can't be more than 4m.

VHG talks about foundations being checked. He is right, is this is nothing to do with Planning Consent - this is Building Regulations, which requires a separate application to the council (and a fee). It is perfectly possible that he does have Building Regs approval for this project (you would not know). Even if he hasn't, if it proves that he didn't need Planning Consent and he didn't get Building Regs approval either, you cannot use this as a reason to get it demolished unless the structure is unsound and dangerous.

Let us know if you require further interpretation what what the 'rules' are on the Planning Portal website I have provided.
All of my above answer was being written prior to seeing any of the responses below bednobs'.

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