Complaint during house extension build

xabi

I received a solicitors letter telling me to stop construction on my extension because a neighbour has complained about her bathroom being darker. We have planning permission and the construction so far is 100% to plan. Can they do this? There is obviously going to be some loss of light but it’s minimal as far as I can see. What to do?

lifeandtimes

If you have planning permission and your neighbour did not lodge an objection during the time it was advertised then there's is sweet all they can do about it.

This letter is nothing more than a suggestion

xabi

Thought as much, I’ll let my solicitor deal with them.

Fred Swanson

This post has been deleted.

exaisle

xabi wrote: »

Thought as much, I’ll let my solicitor deal with them.

Don't bother...that would cost you money. Just ignore the letter.

xabi

I’m in the frame of mind now over the fact they took this action, that I’ll send them my solicitors fee for wasting my time.

endacl

xabi wrote: »

I’m in the frame of mind now over the fact they took this action, that I’ll send them my solicitors fee for wasting my time.

Send her a lightbulb too. As a goodwill gesture.

xabi

endacl wrote: »

Send her a lightbulb too. As a goodwill gesture.

the_pen_turner

I would send a solicitors letter. it wouldn't cost that much.

clearly state that any opportunity for objection or appeal of the planning has now passed.
they have no right to light
they didn't have the decency to talk to you face to face about it

and because all due process was followed that you now consider the issue closed end of.

jimmycrackcorm

You'd have to wonder why a solicitor would send a letter demanding building cease. Surely any solicitor would have told the person that it was pointless.

californiabear

Their only avenue of complaint is to report you to the enforcement dept of your council. They will investigate if you are compliant with planning permission, and compel you to do so if you're not.

Hitman3000

the_pen_turner wrote:

clearly state that any opportunity for objection or appeal of the planning has now passed. they have no right to light they didn't have the decency to talk to you face to face about it

You have no right to a view, but if there is a significant loss of light entering the complainants bathroom there may be an issue.

John_Rambo

endacl wrote: »

Send her a lightbulb too. As a goodwill gesture.

You made me laugh mid swill. Ripasso on my keyboard. Can I sue?

Fred Swanson

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noel100

My neighbour is building a kitchen extension.
No planning permission.
She has windows facing our garden only tops of the windows can be seen over the wall.
Velux windows on both sides.
Talking to the builder yesterday and found out the extension is close to 500sq feet.
What would your do in this situation.
We only just put our house for sale and hopefully this doesn't negativitly effect the sale.

Victor

Can the walls be painted white? Can a mirror be fitted to the wall?

jimmycrackcorm wrote: »

You'd have to wonder why a solicitor would send a letter demanding building cease.

Paper rarely refuses ink and solicitors rarely refuse cold hard cash.

Surely any solicitor would have told the person that it was pointless.

Often pointless.

Fred Swanson wrote: »

This post has been deleted.

For those not knowing: http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

John_Rambo wrote: »

You made me laugh mid swill. Ripasso on my keyboard. Can I sue?

Contributory negligence.

Hitman3000

noel100 wrote:

My neighbour is building a kitchen extension. No planning permission. She has windows facing our garden only tops of the windows can be seen over the wall. Velux windows on both sides. Talking to the builder yesterday and found out the extension is close to 500sq feet. What would your do in this situation. We only just put our house for sale and hopefully this doesn't negativitly effect the sale.

Contact the planning department in your local council.

Aravo

Solicitors take instruction. Paper does not refuse ink. They have no authority to stop your legimate works. A complaint may be made to the relevant council which they would be compelled to look into. Make sure all is in order in relation to the planning. If you had an engineer doing up the plans or casting an eye over the build, mention it to them.

lifeandtimes

Aravo wrote: »

Solicitors take instruction. Paper does not refuse ink. They have no authority to stop your legimate works. A complaint may be made to the relevant council which they would be compelled to look into. Make sure all is in order in relation to the planning. If you had an engineer doing up the plans or casting an eye over the build, mention it to them.

Probably not even a real solicitors letter

Fred Swanson

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lifeandtimes

Fred Swanson wrote: »

Is that not an offence?

Unless the letter actually said we will commence legal proceedings against you and quotes actual legal sources I don't see it being a problem.

As the letter is technically a suggestion who ever is sending it is not up for debate. Anyone who signs a letter can put a fake name, it's not a crime.

Now that would only work if the solicitors they say to be from don't exist and if they said to be representing an actual firm that's where the problems would arise.

*****however I am open to correction on the above*****

Aravo

If op send a solicitors letter back. As sure as night follows day, op's solicitor will receive a reply back and the letters start flying.

xabi

It’s a real letter alright, the more I read it the more I wonder about this solicitors credentials. It even gives us 7 days to remove the offending structure or they will be forced to goto the circuit court for an injunction.

beechwood55

noel100 wrote: »

My neighbour is building a kitchen extension.
No planning permission.
She has windows facing our garden only tops of the windows can be seen over the wall.
Velux windows on both sides.
Talking to the builder yesterday and found out the extension is close to 500sq feet.
What would your do in this situation.
We only just put our house for sale and hopefully this doesn't negativitly effect the sale.

Your neighbour may not need planning permission. You can extend up to 40sq m (which is just under 500 sq ft) without permission (there are caveats to this) but a single storey extension (on a house which has not been extended before) may not need permission.

californiabear

Ignore the solicitors letter and just make sure you are fully compliant with planning permission as council will probably get a letter and will be out to inspect works.

Fred Swanson

This post has been deleted.

Hitman3000

xabi wrote:

It’s a real letter alright, the more I read it the more I wonder about this solicitors credentials. It even gives us 7 days to remove the offending structure or they will be forced to goto the circuit court for an injunction.

Just curious did you discuss with your neighbour before works commenced about the impact it may have on their property and how long have they lived there.

Fred Swanson

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Hitman3000

Fred Swanson wrote:

They had the whole planning process to complain.

It depends if the permission granted is what is now in the process of being built.

xabi

Hitman3000 wrote: »

Just curious did you discuss with your neighbour before works commenced about the impact it may have on their property and how long have they lived there.

We did and were more than empathetic about it, but could do nothing about it really. Funny thing is they built a similar extension 10 years ago and we didn’t bat an eyelid. Then this crap arrives today. We were on good terms until this.

Hitman3000

xabi wrote:

We did and were more than empathetic about it, but could do nothing about it really. Funny thing is they built a similar extension 10 years ago and we didn’t bat an eyelid. Then this crap arrives today. We were on good terms until this.

So you knew that your build was going to affect your neighbour in regards light to their bathroom? If your neighbour has enjoyed a certain amount of to their bathroom unimpeded for the last 20 years you may have a fight on your hands legally.

Aravo

xabi wrote:

It’s a real letter alright, the more I read it the more I wonder about this solicitors credentials. It even gives us 7 days to remove the offending structure or they will be forced to goto the circuit court for an injunction.

Standard speil....
OP... I don't like the way you drive your car. Will you please cease to use it.... Blah blah blah... OP has licence, NCT, Good tyres, lights etc. drives within the limit. I think you will find the law is on your side.

xabi

Hitman3000 wrote: »

It depends if the permission granted is what is now in the process of being built.

Engineer checked this week and confirmed we are 100% within planning

Water John

Not sure that I would reply. I would probably lodge it with my solicitor and a have a discussion, on it.
The alternative, as a poster above suggested, is a solr letter incl that you are planning compliant and a note from the overseeing engineer. A strong pushback, making the other solr and neighbour have second thoughts on action.

Spanish Eyes

Jealousy can be a reason for all this at a late stage in the process. Bet it looks great now.

Did you explain your plans to the neighbours and the impact it might have on them, before applying for PP, what was your relationship with them?

endacl

jimmycrackcorm wrote: »

You'd have to wonder why a solicitor would send a letter demanding building cease. Surely any solicitor would have told the person that it was pointless.

Paper won't refuse ink, and a solicitor won't refuse cash to apply ink to paper.

lifeandtimes

endacl wrote: »

Paper won't refuse ink, and a solicitor won't refuse cash to apply ink to paper.

But circuit court threats?

A solicitor should know the law and to take it out of context with bogus information will certainly land them in hot water.

Op is fine they did everything by the book and have no need to worry

VeggieHugger

On my road many houses have garages at the side, and a few people have built a second story over. This has required planning permission in all cases. As there's only a single narrow passage between houses, there has been a negative effect on the amount of light into bathrooms overlooking the side passages.

One of the neighbours is a barrister and his take was that if it was a frequently used room like sitting room or kitchen being affected then the planners might not grant permission, but they wouldn't refuse in the case of a bathroom.

There is a house where the owners were upset enough with the loss of light that they installed a sun tunnel skylight in the roof - I can't post a link but they can be googled easily enough, price €300 - €400, not sure if that includes VAT, but could be a solution for OPs neighbour (at their own cost!)?

Fred Swanson

This post has been deleted.

Aravo

If OP gets another letter. Then maybe a letter to the effect that all is in order. And OP will seek costs against claimants should proceedings arise. End of matter.

Victor

lifeandtimes wrote: »

Unless the letter actually said we will commence legal proceedings against you and quotes actual legal sources I don't see it being a problem.

Representing oneself as a solicitor is the suggested offence.

JMNolan

Hitman3000 wrote: »

So you knew that your build was going to affect your neighbour in regards light to their bathroom? If your neighbour has enjoyed a certain amount of to their bathroom unimpeded for the last 20 years you may have a fight on your hands legally.

Why? Isn't the planning process designed to account for this? When my neighbor put in a submission about our extension the council did a sun light survey (can't remember the exact name of it).

nuac

Mod
Xabi, see your solicitor. Cannot give legal advice here
Thread closed