Planning Permission Tips UK - How to Avoid Boundary Disputes when Extending or Redeveloping a Site

The quest for more living space these days means making more efficient use of the sites available space in which to extend or develop. This invariably means building right up to the properties boundary line in many cases.

This can have major pitfalls if it is not presented or handled correctly & not just at the Planning Application stage either. You wouldn't believe the number of on-site boundary disputes that arise during construction and it is usually the poor old builder who gets caught right in the middle of the crossfire.

Having been party to a few boundary disputes in my time there are a number of rules that I apply when extending or developing a property to ensure that the risk of a neighbour dispute is reduced or catered for when designing and building close to the properties boundary fence for example.

RULE NO. 1:- Though shall not encroach over the boundary line.

Sounds a simple one doesn't it but you would be amazed at the number of times a site owner seems to think that it's OK to follow the line of the original party wall for example in order to avoid a 'kick in' for the new works. Even if the neighbour gives their consent it still leaves room for a later dispute not to mention the tricky questions that can be asked when selling either property later on. Even though the main wall main not encroach, it is vital to ensure that the foundations or eaves projections do not overhang the adjoining neighbour.

If pushed by the site owner I do agree to complete design works that overhang the boundary & this is easily covered during the Planning application process by serving the correct Notice and signing certificate 'B'. However, it is the during the build process that many verbal or written neighbour agreements fall apart so I ensure that that my advice not to encroach is recorded by the client in an acknowledged paper trail so that I can wash my hands of it later on - you can lead a horse to water but you cant make it drink.

RULE NO. 2:- Though shall never assume that the fence is the correct boundary line.

Most of the time, the fence or other demarcation dividing properties is the correct location. However, people have a habit of taking advantage or lying about such things. I had case once where a site owner re-aligned his fence by 300mm when his neighbour died. His view was that he was just making the boundary correct to a straight line as denoted on the deeds. Over the years as fences are renewed, removed for access, replaced with hedges etc., the demarcation does tend to wander often to a point where it is near impossible to re-identify the correct boundary line. If a neighbour has had the benefit of an extra 300mm for the last 15 years due to a removed or unmarked boundary line he sure isn't going to give it up just because his new neighbour wants to reestablish a straight line to some moth eaten piece of barely legible piece of paper.

Another very common occurrence is when a rural site owner obtains an extra piece of land that is outside the residential curtilage and by encompassing with a new fence he seems to think that he now has a usable extended garden ripe for building in. Not only doesn't he have proper permission to use the land as a garden he could be asked to remove any building works when it is discovered (and most are).

RULE NO. 3:- Though shall put the onus on the client to identify and agree boundary lines with the neighbour on site BEFORE he starts work on the project.

This is the best piece of 'bottom shielding' you can have. Why should I take the rap for a neighbours venom or the clients demands 'to sort it out' due to his unwillingness to grasp the nettle. By clearly demonstrating that your have already exercised a high degree of 'duty care' with precise written advise on how they were to avoid boundary disputes with their neighbour, you can at least rest easy at night or charge a good fee for sorting out their mess.

Seems a bit hard faced I know but if ever there was a re-occurring potential nightmare in residential development then this is it. It should remembered that previous case studies have shown that neighbours will go to war over two inches of land & donate thousands of pounds to solicitors fees in the process - guess who ends up really winning!

These are 3 simple rules that will help provide your own development project with unhindered progress to a great conclusion.

RULE NO.4:- Though shall inform the client of his duties under the Party Wall Act 1996.

Generally speaking, if the building owner uses the Party Wall Agreement system which is usually administered by a specialist Party Wall Surveyor then this would encompass most of the other rules above.

Having the client nursed through the Party Wall Act by someone else that knows what their doing is of great benefit to both the designer & building owner & very rarely leaves any problems in their wake.

I wont explain here when & why the client needs to obtain Party Wall Agreements with his neighbour as the legislation is quite complicated but generally only applies when the building owner is excavating within 3 meters of a neighbours wall or party fence/wall or completing works that would affect a party wall or party fence.

Our 'Maximum Build Planning Guide' explains further the tactics involved when extending or developing a property & what areas can be exploited for developing land or a site for residential use. How to give yourself the best chance of being granted an approval.

Our 'Maximum Build Planning Guide' explains further the tactics involved when developing a site and how to give yourself the best chance of being granted an approval.

http://www.planning-approval.co.uk

---

Aluminium Conservatories

The conservatory is a popular addition to homes around the world and in particular in colder climates. Conservatories began their existence in the 1700s as Dutch farmers... Read More

New-age Paint Thickening & Rheological Additives : Solvitex & Solvizen

For Paint Manufacturers worldwide, there has come a radical new development in the legion of Thickening Agents & Colloidal stabilizer for Aqueous Latex Paints. So far most... Read More

Beautiful, Sparkling Chandeliers!

If you want to add extra spark to rooms, consider adding chandeliers to the rooms. Chandeliers offer added elegance and charm as well as light. There are... Read More

Building Your Own Home

Most people think building their own home involves vast knowledge of all aspects of the home building process. The impression of most people is they don't really... Read More

Physiological Response to Window Coverings

Nothing soothes the brain like Mother Nature, whose intrinsic scenery relaxes and refreshes us, consciously and subconsciously. Therefore, a view of nature should never be completely covered... Read More

Allow Me to Introduce You to the Fungus Family

What exactly is mold? There are over 100,000 different kinds of mold in the world so it is literally everywhere. Molds are organisms and are members of... Read More

Buying Home Appliances The Smart Way

When you add up all the money that you can spend on home appliances and fixtures it becomes obvious that you need to spend wisely and carefully... Read More

Building a Home Addition

Besides providing your home with more living space, a home addition can be a terrific investment. However, before embarking on such a project the homeowner should first... Read More

How To Buy Double Glazing In The UK

Double glazing reduces heat loss through your windows. You can save money on your heating bills. However, it will be a long time before you save enough... Read More

The Benefits of Closet Dehumidifiers

If your clothes are getting moist and musty, and stretched out or otherwise deformed as a result, the closet or cabinet they're hanging in is too humid.Most... Read More

Warm & Toasty Outdoors with Patio Heaters

The Heat is On with Patio Heaters ... Read More

Apartment Inspection Checklist

You have found an apartment you like and you are eager to move in this lovely place. Hold on! Before you sign the lease with the landlord,... Read More

Air Sanders: Forget Electric, Go Air!

An air sander is a common air tool often overlooked by most people. If you already have an air compressor to run your impact wrench, you may... Read More

Summer Is Here! Consider Tackling Key Home Improvement Projects While The Weather Is Good!

Summer time means barbeques, baseball, camping, and yes, Home Improvement Projects! As the weather gets nice and the days get longer so do lists of home improvement... Read More

Keeping Your Home Spa Clean

Purchasing a home spa is a great expense; which can be easily wasted if you don't keep your hot tub in good condition. Hot tubs provide an... Read More

Single Pane Window Glass Repair in an Aluminum Frame

Let's suppose you still have those old aluminum single pane windows in your house,and one of the neighbor kids throws a ball through it. ( Your kid... Read More

Flooring: Installing Ceramic Tile

Ceramic Tile brings a texture, richness and color to a room that Linoleum has yet to truly mimic. Tile floors can be installed in any room, however... Read More

Log Homes - Is a Log Home In Your Future?

Many people dream about a log home in their future but never get around to making their dream come true. Here's how to get past the hurdles... Read More

Easy To Follow Tips For Keeping Energy Costs Down

When it comes to cooling our homes and businesses, the cost of air conditioning just seems to keep going up and up. This year is no different.... Read More

A Healthy Home

Your home is your castle. You decide, possibly together with family members, what to make of it. Outside our home we have limited opportunities to improve the... Read More

Metal Carports: Steel Carport Guide

Buying a carport to protect your investment can be a very frustrating task. With hundreds of manufacturers claiming to have the best product, how do you know... Read More

When Is It Time To Call The Professional?

For most Do-It-Yourself (DIY) home project managers, the most difficult decision is to know when to give the professionals a call to come complete a task and... Read More

Family Fun ? Is Swimming In A Safe Pool

Family fun is one of the most important things you can strive for to give your children some lasting memories they will always cherish; even into adulthood.... Read More

How to Choose a Freezer for Home

The average household freezer is a silent slave. It operates year in and year out, requiring nothing other than a constant supply of electricity. Eventually, though it... Read More

Removing Your Old Wood Double Hung Windows

Last week I told you how to measure your wood window openings to properly order your new vinyl replacement windows. This week I'm going to explain how... Read More

Interior Design For Bargain Hunters

Interior design for bargain hunters is the new fashionable item in the arena of interior design. Everyone is interested these days in making their money stretch as... Read More