Query re status of lean-to roof (for a neighbour's extension)

ollie103

Hi all,

I'd really appreciate some advice on my neighbour's proposed extension. I attach a pic which I hope helps explain what they want done: to join the two (currently separate) sloped/lean-to roofs (part of the origial construction) and then have a flat-roof extension going the length of the garden.

It is exempt development so we can't object. The final height of the flat-roof part will be 3.5 m so well over the current height of the boundary wall (concrete pannelling: 1.8m) and he won't reduce the height (unfortunately).

We do get on well with them but feel they are pushing this with no consideration for loss of light (at least its a north-facing garden so we don't lose any direct sun light but our kitchen will be very dark after this).

My query relates to where he wants to join-up both lean-to roofs: he will need to remove my eaves and change my drainage (which bizzarley over-hang slightly on to his side of the boundary - we only realised this recently!). So do I have a right of refusal to let him touch my roof?

Thanks all in advance.

ht9zni1gs28crp

You have no legal 'right to light' as you say.

I really cant see the 3.5m high impacting anymore on your light than say that other house right behind you?

With regards to the drainage, if you refuse access to your roof to connect it correctly you will both be left with a horrible drainage detail that could spell trouble in the near future. It also paves the way for your own extension of similar size in the future.

BryanF

Is it exempt, check original planning conditions

Why would you refuse him access/alter your overhanging roof?

sydthebeat

It could be argued that if the flat roof extension goes higher than the eaves of the lean to, it may require planning permission.

ollie103

Thanks for the replies to date. Unfortunately the final finished height of the extension structure will indeed be above the eaves height of our small lean-to (around 3m) but equally unfortunately, this is not a material consideration in terms of exempt development rules (its under 40 sq m and they will have more than 25 sq m residual open/garden space remaining). The planning authority will (probably) rule that the maximum height of the extension is judged against the main house roof and not the small lean-to.

Why are we unhappy and considering reducing access: effectively they are doubling the hieight of the boundary wall and their extension will go right the length of our garden. Now - I'm fine with most of this (really) but a final height of 3.5m is just a bit too big. We've asked them to reduce even by 0.5m but they said no. We also still await some cross-sections and design information and they are starting very soon so we are not sure if the final high will be even higher.

sydthebeat

ollie103 wrote: »

Thanks for the replies to date. Unfortunately the final finished height of the extension structure will indeed be above the eaves height of our small lean-to (around 3m) but equally unfortunately, this is not a material consideration in terms of exempt development rules (its under 40 sq m and they will have more than 25 sq m residual open/garden space remaining). The planning authority will (probably) rule that the maximum height of the extension is judged against the main house roof and not the small lean-to.

Why are we unhappy and considering reducing access: effectively they are doubling the hieight of the boundary wall and their extension will go right the length of our garden. Now - I'm fine with most of this (really) but a final height of 3.5m is just a bit too big. We've asked them to reduce even by 0.5m but they said no. We also still await some cross-sections and design information and they are starting very soon so we are not sure if the final high will be even higher.

what direction does your rear garden face?

hopefully eastward

That's an unusual extension they have planned. Straight up through the middle of the garden? Seems mental, to me to break the garden in two like that and have two small barely usable gardens instead of one larger one. But that's neither here nor there, I suppose.

Have they given a reason why they won't reduce it's height?

Legally you're probably unable to do anything, but in real everyday life I can't see it really affecting light into your kitchen. If it's painted a bright colour it could theoretically bounce more light into your kitchen (but I wouldn't imagine it making a huge difference either way).

Nobody likes change, but whatever they build, you'll end up getting used to it. I'd raise any concerns but be polite about it. Never know when you might want to do something out of the ordinary and won't want them acting up and causing a fuss.

goz83

Deleted User wrote: »

That's an unusual extension they have planned. Straight up through the middle of the garden? .

I think that might be just the way the OP has drawn the lines. If they want to join the eaves, it's logical to assume that the extension will be right up the wall and on only one side of the garden....otherwise the height wouldn't matter much to the OP. The light coming into the smaller kitchen window will of course be a bit less, but this can be mitigated a lot by painting that ugly concrete boundary.

I would speak to planning department. Are there not regulations as to how much of the garden can be built on?

Gumbo

Deleted User wrote: »

I would speak to planning department. Are there not regulations as to how much of the garden can be built on?

OP has already confirmed that it’s under the 40 Sq. M and the garden will be 25 Sq. M remaining so exempt.

seamus

I'm not sure realistically how much darker it will make your kitchen. Judging by the small size of the kitchen window, the amount of surrounding houses and the fact that it's north-facing, I'd say you might get a bit of sun in that window from the west a few times a year at most? Sure, the extension might make it even worse, but it's probably pretty crap now as it is.

If they're going to be pulling apart the roof of your lean-to anyway, investigate the cost of installing a small rooflight in that lean-to. This is the best way to get a bit of natural light into rooms with restricted light. This way, their extension won't really affect you.

And you might be able to piggyback on the neighbour's builder seeing as he's going to be up there anyway...

mickdw

I wouldn't be too concerned with that extension however I would be concerned re the construction detailing used at junction with your property and you have every right to Have full input there and have a professional agree a detail on your behalf.

ollie103

Hi all - thanks for the useful replies.

Some clarity as I may have caused some confusion with my 'drawings': the extension will be along the eastern side of their garden so it won't be split in two. We don't get any direct sunlight as the western horizon is aready blocked. Thankfully our eastern horison is pretty free. As posterns have noted; we're north-facing regardless (techncially NNW!) so the main issue is the (likely) loss of day-light in the kitchen. The other issue is having a large 3.5 structure along our garden boundary but I'm (slowly) coming to acccept this (not that I have much choice).

They will paint it a colour of our choosing and we'll probably go for white or a similar bright colour to refect as much daylight into the house. Then I'll probably put up some trellising with some climbing plants to soften the hard/urban landscaping.

They skylight suggestion is good and we've actually considered this already. The builder will be up there as peolpe have noted to this may be a small job for him (and this have a lower cost).

Thanks again.

seamus

I'm very confused by the drawings now

If the back of your house faces North (ish), and this neighbour is on the left as you look out the back, then the extension will be blocking sunlight from the West.

Or does the back of your house face south?

If that's the case, then I'd be less concerned as you should still get relatively decent sunlight across the back most of the day, but the small roof light in your existing lean to is the way to go.
In that case, I'd definitely look at mirroring their extension - elongate your lean-to with an extension with large roof lights and an entirely glass wall facing westwards into the garden. A beautiful bright dining room or lounge. If you can fit large sliding doors, then on summer evenings you can make it feel like it's part of the garden.

goz83

seamus wrote: »

In that case, I'd definitely look at mirroring their extension - elongate your lean-to with an extension with large roof lights and an entirely glass wall facing westwards into the garden. A beautiful bright dining room or lounge. If you can fit large sliding doors, then on summer evenings you can make it feel like it's part of the garden.

+1. In fact, I would go one step further. Let them take down the existing boundary so they can build on it, or right up to it.. This would give them a few extra inches and wouldn't encroach on your space with the added benefit that both parties will not end up with a gap between the extension(s) or wall.

Doing this will save the OP money should they decide to extend, because they would not have to build a massive wall along the boundary. I have built an extension and the neighbour (and landlord) was happy enough to let us knock the boundary wall and build on it. The height of the extension wall is over 3m (3.3 i think). and extends 5.5m

kceire

kceire wrote: »

OP has already confirmed that it’s under the 40 Sq. M and the garden will be 25 Sq. M remaining so exempt.

I know that. My point is that they’re the ones best placed to give advice. If it’s exempt the neighbors will have nothing to worry about in OP making enquiries.

tradesman

You do not need to allow the neighbour attach to your roof. If you do not want or need anything doing to your property then let them build up to the boundary. That is to say not let them build the walls on the boundary as the roof overhang would then be in your property. The roof line should finish at the boundary. If you decide to join the roofs then make sure the onus is on them to repair any leaks in the future!

goz83

goz83 wrote: »

+1. In fact, I would go one step further. Let them take down the existing boundary so they can build on it, or right up to it.. This would give them a few extra inches and wouldn't encroach on your space with the added benefit that both parties will not end up with a gap between the extension(s) or wall.

Doing this will save the OP money should they decide to extend, because they would not have to build a massive wall along the boundary. I have built an extension and the neighbour (and landlord) was happy enough to let us knock the boundary wall and build on it. The height of the extension wall is over 3m (3.3 i think). and extends 5.5m

This is what I did. Makes sense if you are on good terms with your neighbour and makes a neater overall job for all involved in my opinion.