Unauthorised roof built by mechanic behind my home - help please

[hamburgers]

Hello

I hope you are well. My home is one of 6 properties that has had to face an unauthorised scaffold and corrugated iron roof structure that was built in 1-day by a mechanic at the beginning of January 2025, without notification. I was shocked when I returned from work. Part of the roof structure was built on a fire-damaged garden wall that I share with the owner of the mechanic's yard, which was never inspected for structural integrity. In fact, I returned home after the roof was constructed to find 60cm chunks of burnt out coping blocks had fallen into my back garden. I have children, and so I have told them not to go into the garden until something gets sorted.

 

Background: In December 2024, a huge fire broke out in the mechanic's yard, gutting it. My back garden shares a wall and fence with the mechanic's yard, which suffered damage. The highest point of the yard's roof was equal to the highest point of our shared wall, so it was not noticeable before the fire. Following the fire, the owner of the yard built a significantly higher scaffold + corrugated iron roof, on our shared wall, but it also now extends across the back garden of several residential properties. Bits of scaffold hangs over into my garden. It has completely changed the skyline view from our back gardens, as it looks like we all live in a prison camp. Then there is the worry about the damaged shared wall taking the  weight of breeze blocks that look to be poorly cemented on top. 

 

I immediately contacted the council in early January, as this was an unplanned structure that has not had building control inspect it (I searched the database). I explained everything through their 'register an unplanned structure" web form form and included lots of photos. In the 40 days that the structure has been in existence, I received one email to say I have been assigned a case officer, and a single email 2-weeks ago from the case officer to say "I have initiated contact with the owner of the yard". I am worried that the council are hoping I will just accept this situation, and this structure will eventually become permanent. I want to have faith in the process, I really do.

 

It's affecting my mental health, as I moved to this home from a flat because it had a garden, albeit very modest, for me and the kids to enjoy some outside space in urban London. Every time I look out from my living room patio door, I see a prison.  I also know that my neighbours are stressed about this structure. I have tried to reason in person with the owner of the yard, but he has ignored my pleas. 

 

I would be very grateful if I could be offered advice about what to do if the council do not take this seriously.

 

Thank you.

 

Hamburgers.

 

I have inserted some images below.

Before and after the fire, showing the post-fire unauthorised roof structure.

 

 

Breeze block addition to the shared fire-damaged wall, under the roof structure.

Coping stones that broke off from top of fire damaged wall into my garden

 

The extent of the structure spanning 6 residential back gardens, with no space between the shared walls and the edge of the structure (photo taken from my child's bedroom window).

 

 

[MikeSharp01]

You will need to push the council to deal with this as unless you have very deep pockets they are the only way forward. I suspect that the owner will try to argue it is reinstatement so dig out any old pictures that show how high the old wall was OR that this roof is temporary cover while they build the new one underneath but this does not explain the new blocks. On your deeds does it say who owns the wall? You need to be aware that in planning law you are not entitled to a view but you are entitled to object to anybody building in it. 

[Jilly]

Gosh, that must be scary for you. 
There are two avenues you can pursue with your local council. Firstly the Planning Department: look for ‘planning enforcement’ who are the people who check the legality of the structure’s right to be built. 
 

The other department are Building Control, who it sounds like you have contacted. They are the people who check building work for structural integrity etc. The two departments don’t necessarily communicate, so it’s worth speaking to both. 
 

The distance from the boundary is something you might want to enquire about, as well as height of the structure. 
 

It might be possible to get advice/legal help from your building insurance. If you rent the property, let your landlord know, as they might have an avenue to help. 
 

Citizen’s Advice might be another possibility. It’s really good that you have photographic evidence, we can see quite clearly your problem. 
 

Always try to complain on breaches of planning law as it holds more weight. All the best. 

Edited February 20 by Jilly

[nod]

29 minutes ago, MikeSharp01 said:

You will need to push the council to deal with this as unless you have very deep pockets they are the only way forward. I suspect that the owner will try to argue it is reinstatement so dig out any old pictures that show how high the old wall was OR that this roof is temporary cover while they build the new one underneath but this does not explain the new blocks. On your deeds does it say who owns the wall? You need to be aware that in planning law you are not entitled to a view but you are entitled to object to anybody building in it. 

Plus 1 

The best FREE advise you will get 

Local Authority is your only route 

It would cost a small fortune to go down the legal route 

[Big Jimbo]

O.K I expect that what you now see is what will remain. That has not been put up as a temp until the roof is built underneath. These type of yards litter London. The good old back street garage.

Council planning enforcement, Your local councillors, Your local M.P. You will be told, that's it's been there for years, and there is nothing that can be done about it. Would also be worth a call to Council environmental dept. They will be storing all sorts os $hite in there, oil, fluids, paints etc. They won't be complying with fireproof cabs etc. When I was a kid in London, a lot of my mates worked in places like that.

 

[LnP]

Check if your house insurance includes legal cover. They might support you in taking legal action against your neighbour.

[torre]

As @Big Jimbo says, get your local councillor and MP involved, to put extra pressure on planning & building control to take enforcement action. The more fuss you and your neighbours make the better, you need to be proactive. Contacting the local press is another possible route as they will in turn put pressure on the council.

 

The Health and Safety Executive is another route - that's a temporary scaffold with a roof so was it erected to a proper design? (As it's insurance related they may have of course). I'd expect HSE will investigate if you report that there's a large temporary scaffold and large bits of masonry have since fallen from height into your garden (as proved by your timestamped photos)

[Big Jimbo]

@torre Forgot about HSE. That is a great call.

[Big Jimbo]

Large pieces of masonry falling from a commercial building onto my land, just missing my small child. HSE will be round within a few hours.

[Conor]

4 hours ago, Big Jimbo said:

Large pieces of masonry falling from a commercial building onto my land, just missing my small child. HSE will be round within a few hours.

 

And first named storm that comes rolling round, that lot is going flying.

[Big Jimbo]

easy access to that for a regular fire. Insurance, if they have any, will be impossible to get.      Just saying. couple of burned out customers cars inside, and people will stop using them. 

[hamburgers]

Hello all. Thank you for your messages. I really appreciate it. To answer some of them:

• I paid for title deed and register. Unfortunately it does not indicate anything about party walls. 
• It is Planning Enforcement at the council with whom I have lodged a case. Based on the advice above, I have shared the same case details with Building Control, and I will continue to nudge them both (hopefully into action)
• I will look at lodging a case with HSE; may I ask which bit of HSE I should contact? There are lots of options....
• I will see how I can contact my local Councillor and MP to ask for their help

The irony is when the fire broke out in the mechanic's yard, it was my child who first noticed this, and we immediately called the fire brigade (he heard crackling and popping noises, not a fire alarm!). I also consented for the fire brigade to use my child's bedroom as a vantage point from which they could direct the water from the hose onto the fire, which stopped the spread of the flames and eventually extinguished it. My child was traumatised by this and for about 2 weeks slept next to me. My child's bedroom suffered a lot of damage to the walls and paint from thick hose pipes banging against it. When I told the mechanic about all of this, he didn't even ask if my child was ok or thank us for assisting the fire brigade.

 

Thank you all.

[SteamyTea]

23 hours ago, MikeSharp01 said:

dig out any old pictures

Google Earth may have some historical images.

[Big Jimbo]

HSE 0300 003 1747. Ask for someone who deals with unsafe structures.

[Big Jimbo]

It's a good few years ago, but just wanted to say. HSE are not like your underfunded (Lazy) council. They don't take being fobbed off, or take any $hit. I'd forgotten about them until @torre mentioned it. Give them a call ASAP. Tell them that the masonry almost hit your child.