Question: Is Building Without Planning Permission Illegal?

Can my Neighbour build right to my boundary?

The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act.

The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens..

Can my Neighbour block my view?

Generally, homeowners have no right to a view (or light or air), unless it has been granted in writing by a local ordinance or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another’s view with a structure that has no reasonable use to the owner.

What is the 4 year planning rule?

The ‘4 Year Rule’ allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.

What size building can I build without planning permission?

You can build a garage or outbuilding on your property without planning permission as long as it’s of a reasonable size – no higher than 4 metres. Do bear in mind though that outbuildings cannot take up more than half of the land around the original property.

Can I sleep in a log cabin in my garden?

Firstly, you can have a cabin in your garden if you just use it to sleep in. It must be “ancilliary to the needs of the house”. In other words, its just sleeping accommodation, you aren’t allowed to add a bathroom or a toilet in it etc, just an extra room.

What happens if you build without planning?

If building works have taken place without permission, a Planning Enforcement Officer from the Council will investigate and you will be advised either verbally or in writing that the issue is under investigation.

How long can a building be up without planning?

4 years’THE 4 YEAR RULE’ applies to building, engineering or other works which have taken place without the benefit of planning permission, and that have remained unchallenged by enforcement action for 4 years or more.

Can you get fined for not having planning permission?

Other than in the case of unauthorised display of advertisements or works to listed buildings, carrying out building works or a change of use without the necessary planning permission is not a criminal act and, initially, not subject to penalties such as fines or imprisonment.

What is the 45 degree rule?

THE 45 DEGREE-CODE (Non-Terraced Property) To comply with the 45 degree code, First Floor extensions shall be designed so as not to cross the 45 degree line from an adjoining neighbour’s nearest window which lights a habitable room or kitchen.

Can a Neighbour object to permitted development?

No-one can object to an extension built under PD. Yes they can. If they don’t think the development is lawful, then they can object to that effect.

Can a Neighbour refuse planning permission?

Planning permission can be denied if your build is guilty of these offenses: Your build overshadows a neighbour, causing loss of light. Your build overlooks other homes, causing loss of privacy. Your builds appearance is out of character with the existing property.

What can I do if my Neighbour builds without planning permission?

If you built property or developed a site without planning permission, the council may ask you to apply retrospectively. If the council considers the development an unacceptable breach of planning control, they may take enforcement action. Depending on the type of breach, the council may serve: an enforcement notice.