Hi,

The neighbouring land to ours has been sold to a developer who is
building two houses with garages on the next-door plot. Our garage is
built in our garden, and two sides of it form the boundary of our
property. The builders have built one of the new garages extremely
close to our existing garage, such that the guttering is in contact
with our garage. Is this allowed?

An architect friend mentioned something about a minimum gap of 50mm,
but I don't know where this requirement comes from. I spoke to
Building Control this afternoon, and they said that if the buildings
are touching then it's a civil matter which falls under the Party Wall
Act. But the point is that I don't think the buildings SHOULD be
touching, and the garage wall is not supposed to become a party wall.

Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Any advice received with interest!!

Simon.

wrote:
Hi,

The neighbouring land to ours has been sold to a developer who is
building two houses with garages on the next-door plot. Our garage is
built in our garden, and two sides of it form the boundary of our
property. The builders have built one of the new garages extremely
close to our existing garage, such that the guttering is in contact
with our garage. Is this allowed?

An architect friend mentioned something about a minimum gap of 50mm,
but I don't know where this requirement comes from. I spoke to
Building Control this afternoon, and they said that if the buildings
are touching then it's a civil matter which falls under the Party Wall
Act. But the point is that I don't think the buildings SHOULD be
touching, and the garage wall is not supposed to become a party wall.

Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Any advice received with interest!!

Simon.

Best advice I can give is let sleeping dogs lie.
A situation like this can blow out of all proportions and falling out with
the neighbours is one thing that should be avoided, and to be honest is it
actually causing any harm?
Classic cases like this have been shown on TV with dire consequences.

In article , "ben"
says...

Best advice I can give is let sleeping dogs lie.
A situation like this can blow out of all proportions and falling out with
the neighbours is one thing that should be avoided, and to be honest is it
actually causing any harm?
Classic cases like this have been shown on TV with dire consequences.

It doesn't matter if he falls out with the developer, because the
developer won't be living next door.

In article om,
" says...
snip
Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Are you sure that they have encroached on your land, rather than vice
versa?

Rob Morley wrote:
In article , "ben"
says...

Best advice I can give is let sleeping dogs lie.
A situation like this can blow out of all proportions and falling
out with the neighbours is one thing that should be avoided, and to
be honest is it actually causing any harm?
Classic cases like this have been shown on TV with dire consequences.

It doesn't matter if he falls out with the developer, because the
developer won't be living next door.

He would still have to take him to court if the developer is not having any
of it, and that could take months or years, by that time he will have sold
the houses and then its to blows with the purchasers of the houses this is
when it starts getting complicated as to who should be liable.

wrote:
Hi,

The neighbouring land to ours has been sold to a developer who is
building two houses with garages on the next-door plot. Our garage is
built in our garden, and two sides of it form the boundary of our
property. The builders have built one of the new garages extremely
close to our existing garage, such that the guttering is in contact
with our garage. Is this allowed?

An architect friend mentioned something about a minimum gap of 50mm,
but I don't know where this requirement comes from. I spoke to
Building Control this afternoon, and they said that if the buildings
are touching then it's a civil matter which falls under the Party Wall
Act. But the point is that I don't think the buildings SHOULD be
touching, and the garage wall is not supposed to become a party wall.

Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Any advice received with interest!!

Simon.


You should really be checking the Planning Permission, not the building
control approval. This will determine the approved location. Although
building control should be interested to make sure that two touching
buildings have proper fire spread protection

Your architect friend does not seem to know a lot about buildings and
boundaries! There is no such limit of 50mm. You can build upto the
boundary line, but not cross it without the owners consent.

The Party Wall Act only really applies before the building starts, and
there is no provision for retrospective action (in fact its not
manditory either)

No, your only redress is to determine where the boundary is, and then
if the building crosses it. Then you have to take out a civil claim. Or
can licence the overhang and charge a fee.

Moving the garage is unlikely. More likely would be that the gutter and
eaves will be redesigned to avoid projecting across the boundary.

dg

Rob Morley wrote:
Best advice I can give is let sleeping dogs lie.
A situation like this can blow out of all proportions and falling out with
the neighbours is one thing that should be avoided, and to be honest is it
actually causing any harm?
Classic cases like this have been shown on TV with dire consequences.
It doesn't matter if he falls out with the developer, because the
developer won't be living next door.

But the developers might be tempted to give the builders some bunce for
smashing things with big hammers. Like the OP's car - or kneecaps.

Owain

In article , "ben"
says...
Rob Morley wrote:
In article , "ben"
says...

Best advice I can give is let sleeping dogs lie.
A situation like this can blow out of all proportions and falling
out with the neighbours is one thing that should be avoided, and to
be honest is it actually causing any harm?
Classic cases like this have been shown on TV with dire consequences.

It doesn't matter if he falls out with the developer, because the
developer won't be living next door.

He would still have to take him to court if the developer is not having any
of it, and that could take months or years, by that time he will have sold
the houses and then its to blows with the purchasers of the houses this is
when it starts getting complicated as to who should be liable.

If someone buys the house they will have to be told of any legal
action that is pending, so presumably they won't be too bothered by
it. More likely the developer will go for a quick settlement so he
can sell and move on.

In article , Rob
Morley writes
In article om,
" says...
snip
Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Are you sure that they have encroached on your land, rather than vice
versa?

Indeed, " . . . two sides of it form the boundary of our property." makes it
sound a bit versa, could your roof/guttering be overhanging their property?
--
fred

"ben" wrote in message
. uk...
wrote:
Hi,

The neighbouring land to ours has been sold to a developer who is
building two houses with garages on the next-door plot. Our garage is
built in our garden, and two sides of it form the boundary of our
property. The builders have built one of the new garages extremely
close to our existing garage, such that the guttering is in contact
with our garage. Is this allowed?

An architect friend mentioned something about a minimum gap of 50mm,
but I don't know where this requirement comes from. I spoke to
Building Control this afternoon, and they said that if the buildings
are touching then it's a civil matter which falls under the Party Wall
Act. But the point is that I don't think the buildings SHOULD be
touching, and the garage wall is not supposed to become a party wall.

Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Any advice received with interest!!

Simon.

Best advice I can give is let sleeping dogs lie.
A situation like this can blow out of all proportions and falling out with
the neighbours is one thing that should be avoided, and to be honest is it
actually causing any harm?
Classic cases like this have been shown on TV with dire consequences.


What about maintenance. He now does not have acces to the outside of his
wall, and probably no way of changing the gutter. If one is overhanging the
other, the one below will not be clearable if it gets blocked either.

Bob

Bob Smith (UK) wrote:
"ben" wrote in message
. uk...
wrote:
Hi,

The neighbouring land to ours has been sold to a developer who is
building two houses with garages on the next-door plot. Our garage
is built in our garden, and two sides of it form the boundary of our
property. The builders have built one of the new garages extremely
close to our existing garage, such that the guttering is in contact
with our garage. Is this allowed?

An architect friend mentioned something about a minimum gap of 50mm,
but I don't know where this requirement comes from. I spoke to
Building Control this afternoon, and they said that if the buildings
are touching then it's a civil matter which falls under the Party
Wall Act. But the point is that I don't think the buildings SHOULD
be touching, and the garage wall is not supposed to become a party
wall.

Being extremely picky, the new garage has encroached over the
border, since it has been extended under the eaves of our existing
garage by a couple of inches. Can I insist that they move the new
garage?

Any advice received with interest!!

Simon.

Best advice I can give is let sleeping dogs lie.
A situation like this can blow out of all proportions and falling
out with the neighbours is one thing that should be avoided, and to
be honest is it actually causing any harm?
Classic cases like this have been shown on TV with dire consequences.


What about maintenance. He now does not have acces to the outside of
his wall, and probably no way of changing the gutter. If one is
overhanging the other, the one below will not be clearable if it gets
blocked either.

Bob

Not my problem mate,take it up with the developer :-)

In article om,
writes
Hi,

The neighbouring land to ours has been sold to a developer who is
building two houses with garages on the next-door plot. Our garage is
built in our garden, and two sides of it form the boundary of our
property. The builders have built one of the new garages extremely
close to our existing garage, such that the guttering is in contact
with our garage. Is this allowed?

An architect friend mentioned something about a minimum gap of 50mm,
but I don't know where this requirement comes from. I spoke to
Building Control this afternoon, and they said that if the buildings
are touching then it's a civil matter which falls under the Party Wall
Act. But the point is that I don't think the buildings SHOULD be
touching, and the garage wall is not supposed to become a party wall.

Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Any advice received with interest!!

Simon.



Think most has been said elsewhere in this thread, but it may be worth
while having a look at

http://www.odpm.gov.uk/stellent/grou...nts/page/odpm_
breg_609899.pdf

or if the url is wrapped

http://www.odpm.gov.uk/
then follow
Building Regulations
The Party Wall etc Act 1996

--
Mark

Try posting to http://www.gardenlaw.co.uk/ - they are expert on this sort of
thing

Thanks for all the responses.

I have looked again at the original plans under which permission was
granted and there is a definite gap shown to allow for maintenance and
airflow. So I have spoken to the planning permission people at the
Council. The lady there talked about the "enforcement team" and
someone coming out to have a look.

I hope I don't get any baseball bats through my windscreen...!

Simon.

fred wrote:
In article , Rob
Morley writes
In article om,
" says...
snip
Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Are you sure that they have encroached on your land, rather than vice
versa?

Indeed, " . . . two sides of it form the boundary of our property." makes it
sound a bit versa, could your roof/guttering be overhanging their property?
--
fred
Can I ask a really dumb question as this sounds like one of those only
getting half a story posts. To need guttering it must be a pitched roof
and if the guttering is touching the wall then the gap must be of the
order of 4 inches.
How did they fit the guttering and build the roof?

Kevin

In article .com
, writes

fred wrote:
In article , Rob
Morley writes
In article om,
" says...
snip
Being extremely picky, the new garage has encroached over the border,
since it has been extended under the eaves of our existing garage by a
couple of inches. Can I insist that they move the new garage?

Are you sure that they have encroached on your land, rather than vice
versa?

Indeed, " . . . two sides of it form the boundary of our property." makes it
sound a bit versa, could your roof/guttering be overhanging their property?
--
fred
Can I ask a really dumb question as this sounds like one of those only
getting half a story posts. To need guttering it must be a pitched roof
and if the guttering is touching the wall then the gap must be of the
order of 4 inches.
How did they fit the guttering and build the roof?

The guttering could have been fitted from above before the tiles went on.
--
fred