Next door extension nightmare

C

clairetje88

Registered User
Messages
5
My neighbours bought their house last year and applied for planning permission to build a large kitchen diner in their garden and to renovate the house from top to bottom.
I had no problem with what they were planning to do and did not object.
They were awarded planning permission with set distances from our boundary wall, which belongs to me.

Work commenced in january. Towards the end of the month I notified their project manager that my house was experiencing cracking, some surface, some more serious. He came and took photos but nothing more was said or done.
In march I employed a structural engineer to do a report on the cracks in my home. The report is very extensive with lots of photographs.

Fast forward to end of june and a throw away comment from a neighbour, got me to employ an architect to tell me what exactly was going on next door.
Turns out they moved their extension "by accident" over 2 1/5 feet closer to the boundary wall.
The foundations are all in the wrong place, and my architect and engineer, now say that the work next door has undermined the walls along the boundary wall of my property (garage, lobby, laundry, shed) to such an extent that they think they should be taken down and rebuilt.

I am distraught and furious. I did not object to this monstrous extension (it is huge).
I think it was moved - not by accident, but by design, as it should have been built 3 mtrs from the boundary wall, yet is now 2,28mtrs from the boundary wall, and it has increased in width by the said 75cms. I think they thought the 3 mtrs was "dead space" and I wouldn't notice.

Any ideas as to what I can do?
 
Other posters will be better informed re the legal side of things here. Hoping my advice below is in the right vein .. .. ..

I think I would let things go to my solicitor and let him forward the report onwards seeking costs at least (he will know best). I would play nice with the neighbour bc when all the dust is settled, you may be living along side each other for 20-30 years ... and if you're approached by them in this regard, say its with the solicitor. Play nice, play normal - but let your solicitor advise you what 'normal' actually is.
 
Whether it was moved by accident or otherwise it is not in compliance with the planning permission. Go to your solicitor and seek a full refund of your expenses and have the repairs to your garage etc., paid for. You should also probably notify the planning authority but as you will have to live there try and sort it amicably first.
 
Feemar5 said:
but as you will have to live there try and sort it amicably first.
Click to expand...

Exactly.

OP, I assume from the line about talking to their PM that you have spoken to your neighbour about your concerns? Do they have any suggestions on how to resolve this to both of your satisfaction? If they fail to engage meaningfully, a complaint to your local planning enforcement section is your next step.
 
Yes we tried to resolve amicably but the new neighbours currently do not live in Ireland and their architect is covering his behind.
I guess the next stage is the planning authority....
 
Then talk to the architect and tell him what you want. The neighbours are probably not aware of what he has done.
 
First I think you need to be clear about your issue here.

Is it the undermining of your boundary wall. What would the cost of remedying this be, in the context of the neighbours budget. Are you talking some underpinning and repairs, a minor cost in terms of "a large kitchen diner in their garden and to renovate the house from top to bottom.", or are we talking about large cost to rebuild a garage, laundry, lobby , shed.

Or is the fact that the extension is closer to your property than is in the planning a major issue in itself. Would you seek to force them to knock what they have built.

If your issue is something that can be remedied by them at the cost of a few thousand, then I would agree with the softly softly approach, they will be your neighbours for years.

If your issue is large and going to cause a falling out in any case, I would go in full on from the start, you seem to have employed an architect and an engineer already, that must be costing you, get your solicitor to write to them requiring that you be put right.

You could also notify their architect's insurance of a pending claim. This is dynamite to an architect and so might be something you want to keep in reserve initially.
 
I would suggest your first move should be to ask the neighbour's architect and builder for details of their professional insurance. That should get their attention. It's obviously in breach of planning permission, whether deliberately or not. You might actually be doing your neighbour a favour if they are away and unaware of this error.
 
I’d say asking for the professionals insurers will put the skids under the experts. Two foot is no joke. It happened to a relation of mine and they only found out after it was built. Too late then to do anything about it. It was done to get a better view of the sea. My BIL was too nice to object when his neighbours built right on top of him despite having plenty of space the other side. Still bad blood a decade later.
 
You must log in or register to reply here.
Back
Top