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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbour has converted his loft space

Resolved Question:

My neighbour has converted his loft space between
our bungalows, and informed me that the window would be obscure glazed and non-opening below 1.7mtrs.I returned home to find that now the window is a fire escape window that opens out fully with no centre frame.Asking why he said that the council had insisted on it as a safety measure , im not happy as the window looks directly into our main habitable living room ,hallway,bathroom,kitchen and 90 precent of our garden.I didnt have an issue with my neighbours other extension but now lost my privacy, the conversion didnt need planning permission but ive talked to my neighbour who doesnt care and he didnt keep me updated on any changes ,need advice on what to do next.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Have you been in touch with the council to date on the matter please?

Customer:

Hello joshua, ive filled out an online planning breach report with the council .Ive outlined that the window isnt as my neighbour described and what we agreed too.The following ive taken off the councils website " Any side facing windows MUST be obscure glazed and non-opening unless the parts which can be opened are more than 1.7mtrs above the floor of the room in which it is installed ". The windows are obscure glass but they both open fully? Hope this helps kr ian.

Joshua :

Thanks. You are quite correct in your reference - this was precisely the point I intended to make. The General Permitted Development Order provides that any side facing windows which are not obscure glass do not fall for permitted development - in other words he needs planning permission for the same.

Joshua :

That he has not got it should (I do not say will because it is up to the council to enforce the Planning legislation) mean that the council serve him with a notice requiring him to alter the window or apply for permission for the same. If he does the latter you will have the opportunity to object in the usual way and the application will be decided in accordance with local planning policy - you can ask the council for a copy of the relevant policies which are often also available on their website.

Joshua :

One would hope the council will deal with the matter promptly for you. If not you can submit a complaint to the council and from the a complaint to the local authority oombudsman service but hopefully these steps will not be required.

Joshua :

As an alternative you may consider reviewing your neighbours title deeds to see if there are any binding covenants which his works fall foul of. This is comparatively unlikely to result in anything terribly useful but it may be worth looking.

Joshua :

You can obtain a copy of your neighbours title deeds here if necessary.

Joshua :

http://www.landregistry.gov.uk/public/online-services

Joshua :

Is there anything above I can clarify for you?

Expert:  Joshua replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.
The rating is wrong it should be good !! I dont know why its come up with poor?
Expert:  Joshua replied 1 year ago.
Thanks for letting me know. I believe you can rerate my answer if you are happy to do so. You are not charged again.

Is there anything else I can help you with on the above. Please do revert to me if there is anything else I can help you with.

Best wishes
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 4 other UK Property Law Specialists are ready to help you

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