Minimum distance from boundary?

[08980898]

Hello,

 

I wonder if I could ask some advice?

 

A developer has submitted plans to build a three-story house on a small patch of land (80 sqm) at the end of our garden.

 

The wall would come right up to our boundary. It would literally be next to our fence. 

 

We are objecting, and my question is: does any rule exist that says the building should be a certain distance from the property boundary? I thought they had to leave 1m space. Can they really build something that’s basically touching our fence?

 

Thanks in advance

Ian

[gravelrash]

80m2 is small leaving little room for parking or garden, are you city centre? Would appear difficult to meet minimum space standards on a three bed detached while providing reasonable private garden and off road parking...but if in London. 

Your local council should have a household design guide, this specifies min distances from walls, windows etc to avoid overlooking. Light can be a  big issue as well, especially if the build shadows your private garden area  for several hours a day.

[DevilDamo]

1m is common but LPA’s have their own polices and guidance.

[Temp]

The short answer is yes they can.

 

Some councils encourage leaving 1m at the side of a house but there isn't really a hard and fast rule. If there is no way to get a rubbish bin from the back to the front you can try objecting that this layout would mean storing bins in the front garden. But that's not really a show stopper.

 

You need to be thinking about other possible grounds such as the following (if they apply)..

 

Loss of green open space. Is this the last in the area?

Overlooking & loss of privacy if windows face your garden/house

Shading / loss of daylight

Appearance - Bulk / massing

Over-bearing / out-of-scale or out of character in terms of appearance 

Detailing and materials

Local design guidance / policy ignored?

Lack of parking in the road if no off road parking is provided.

Not enough parking spaces in relation to number of bedrooms?

Driveway too near dangerous junction?

Cant park where they can plug in an electric car?

Local schools/doctors/dentists full 

 

 

 

 

Edited October 31, 2021 by Temp

[Temp]

It's worth noting that nothing should overhang the boundary. That includes things like gutters or the eaves or down pipes which normally project beyond the walls. When/if they set out the foundations I would write to them to make sure they wont. If you leave it until they start building walls it will be nearly impossible to get them to change anything.

[Marvin]

This situation would require your neighbours to enact a party wall agreement if they achieved permission and wanted to start the work:

 

The Party Wall etc Act 1996: New building on the boundary line between neighbouring pieces of land (Section 1 of the Act)

 

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

 

[Adsibob]

I got permission for building my rear extension right up against the boundary line. But I think it’s because my rear garden is West facing, so there was no risk of reducing my neighbour’s light, and I kept the wall very short (about 205cm) by making my extension have a pitched roof (taller in the middle, shorter on outside edges).

[08980898]

Thanks all, really appreciate it.

[gravelrash]

12 hours ago, Marvin said:

This situation would require your neighbours to enact a party wall agreement if they achieved permission and wanted to start the work:

 

The Party Wall etc Act 1996: New building on the boundary line between neighbouring pieces of land (Section 1 of the Act)

 

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

 

The garden has a boundary fence not wall so act would be irrelevant unless something built within 6m of any diiging

[Marvin]

20 minutes ago, gravelrash said:

The garden has a boundary fence not wall so act would be irrelevant unless something built within 6m of any diiging

 

Yes, I think @08980898 said:

13 hours ago, 08980898 said:

The wall would come right up to our boundary. It would literally be next to our fence. 

So probably applies..

Assuming typical trench foundation supporting external walls of the building....

 

M

Edited November 1, 2021 by Marvin

[gravelrash]

Party wall act exempts fences and hedges from act. The act is to protect undermining structural integrity of neighbours buildings and walls...so unless @08980898  has a wall or some substantial building with foundations within 3m or very deep foundations within 6m of the intended build foundations it would not be bound by the act.

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