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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7243
Experience:  28 years as a practising solicitor.
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A neighbour has erected a childs playhouse at the bottom of

Customer Question

A neighbour has erected a child's playhouse at the bottom of their garden that overlooks the majority of our garden, and in particular, looks directly into our downstairs bathroom/toilet. Can I argue in Scots Law that this is a gross invasion of our privacy. The wooden structure stands some 5ft clear of an original 7ft stone wall. I would like them to have the 'playhouse' taken off it's stilts and placed at ground level, so all I can see is it's apex of it's roof, thus restoring our privacy. Thanks. GP
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Thank you for your question.

How high is it? How far from your house?
Customer: replied 1 year ago.


The building is approximately 13ft high. It is within 3 feet of our boundary wall (on their side), which lies 45ft from my bathroom/toilet window.


GP

Expert:  JGM replied 1 year ago.
As a general rule playhouses are treated as temporary structures for the purpose of planning permission and so generally permission is not needed.

Each planning authority has its own rules but general guidelines are

The structure must be less than 4 metres high to the top of a ridged roof if it is to be beyond 2 metres from a boundary. If it has a flat roof the maximum height should be 3 metres.

The structure must be less than 2.5 metres high if within 2 metres from the boundary

The playhouse should be 5 metres away from the dwelling.

The playhouse must not be sited between the dwelling and the main highway.

The playhouse does not have a floor area in excess of 30 square metres.

If the playhouse has a floor area of more than 20 square metres it should be 1 metre from the boundary.

This structure would appear to be outwith these measurements. You should go back to the planning department. You can also apply to the court for an interdict against your neighbours on the basis that the structure is a nuisance. It may also be in breach of the title conditions for the houses; you would have to check the title deeds for this.

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7243
Experience: 28 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for your response. Whilst hoping you could wave a magic wand and make our problem go away, we fully appreciate the rigours of the law. Your response gives us some hope, and we will look into your advice. GP

Expert:  JGM replied 1 year ago.
Thank you

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