Is it a lean to or an extension?

Updated on 13th July 2018 in Planning Permission
3 on 4th July 2018

Our neighbours son built what he called an extension about 3 years ago onto his mothers property.The problem is that what he calls an extension I would call a lean to as he only built a front and a roof and connected 1 side to his mothers roof edge of her flat roofed brick outbuilding and the other side to our roof edge of our flat roofed brick building.The problem is our roof leaks that much it has caused a bulge in the ceiling.The water appears to be running down our inner side of the wall hes connected the roof to.We’ve tried been friendly over this issue as we are desperate to renew our roof before more damage is done.But he has stated he doesnt need planning permission under the current building laws and he could build upto 4m if he wanted.The trouble is our roofer cannot remove the old felt due to the neighbours son fixing their roof support bracket right along the felt edge,he also cut away some of our felt to fix this bracket.He gave us no warning beforehand about this lean to/extension.We also have a window we cannot open as this would open into her lean to/extension area.Can anyone give us some advice please as we are desperate

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1 on 5th July 2018

Irrespective of any permitted development or planning issues, you should contact your home contents insurer if you have legal expenses cover – At this point I would not be in a position to ‘judge’ your neighbours’s son’s building efforts other than  to say he most definately could not build up to 4m if he wanted to – and it is irrelevant what label you give it – the extension/lean to he has built is a ‘structure’ that may not accord with amy permitted development criteria. Contact your insurer and report the ‘construction’ to your local planning enforcement officer.

on 5th July 2018

PS. After 4 years this ‘construction’ will be lawful for planning purposes, but the situation could still be remedied through your insurer. Permitted Development (which this is not) – nor Planning Permission override any other legal impediment – he should have also notified you under the party wall / party fence regulations.

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0 on 13th July 2018

Hi Amber and Rick,

In answer to your question, we suggest that you should contact your Local Authority Building Control Department for more information regarding the quality of the construction of your neighbour’s extension and the conditions of your roof. It seems that your neighbour’s extension is not in a good construction condition, you could also check whether your neighbour has “Building regulations completion certificate”. When the building works are completed, this completion certificate is issued by the building control body (Local Authority Building Control Department or an approved inspector) to officially approve of quality of the building work falling under the control of the regulations. If your neighbour’s son does not have the building regulations completion certificate, you could contact the Local Authority Building Control Department to carry out a process of inspection of your neighbour’s extension. You could find more information relating to the completion certificate here: https://www.designingbuildings.co.uk/wiki/Building_regulations_completion_certificate

 

Besides, you could also seek a “party wall agreement” which are most commonly needed for building works that involve loft conversions, the insertion of damp proof courses and the digging of new foundations (as would be required in building an extension). It should be noticed that gaining planning permission or complying with the building regulations does not remove the need to comply with the Party Wall Act where it is applicable. You could find more information relating to the completion certificate here: https://hoa.org.uk/advice/guides-for-homeowners/i-am-improving/party-wall-agreement/

You could also contact your solicitor for legal planning advice regarding your situation.

I hope this may help you.

Kind regards,

Vi P

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