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westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

Hi,
My nextdoor neighbour has replaced a fence between our properties which are attached. She has moved the fence onto our land, and attached it to our house.
The fence is next to our dining room window, and is about 2m high. Is there a minimum distance a fence should be from a downstairs window in the building regs?
Hopefully you can advise or point me towards where I can find out more info.
Thanks in advance

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

You may need a solicitor or at least consuly CAB.

Try.

http://www.planningportal.gov.uk/england/genpub/en/1011888237213.html

You do not need to apply for planning permission to take down a fence, wall or gate, or to alter or improve an existing fence, wall or gate (no matter how high) if you don't increase the height.

Your neighbour has moved the fence, therefore pinching ground, they have also fixed it to your property, they have also damaged your property by fixing the fence to it without your permission..

I would also ask the building control as you have a right to light, and sticking a 2m high fence in the window, is certainly not allowed.

Do let us know how you get on.

westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

Thanks scruff, that link is quite interesting.
Yes, she has pinched some land, but our solicitor advised that it would be laughed out of court unless several feet were involved - she's only moved it about 6-8 inchs!!! So why am I bothered?? She took without asking and a principle is involved. And she has a further 100ft of garden to fence, so inches could soon become feet!!
She claims to have employed a builder to finish the job, and that he will replace the remaining fence in exactly the same place. I am a bit worried, and as the remaining fence was erected by myself, I am not giving her permission to dismantle it until this other issue by the house is resolved. Basically, if she takes my fence down, I will take hers down.

If you were to arrive on a job and found out there was an ongoing dispute between neighbours, would you continue?

On a lighter note, the first builder to put the first section of fencing up walked off the job (the first time he ever had) after dismantling all his work, as she complained that he hadn't put the fence where she said - against my house.

We have a strange L-shaped garden as you have probably guessed!!!

Thanks again,

westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

Also Scruff
You say:
"I would also ask the building control as you have a right to light, and sticking a 2m high fence in the window, is certainly not allowed."

What is the building control?

Excuse the ignorance, I have only spoken with our planning office at the district council regarding this.
Thanks

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

Building control, planning office are the same.

As you rightly say, She took without asking and a principle is involved. I don't think it matters whether it's 6" or 6'

In addition one fence is yours the other side is your neighbours, which is which should be on your deeds, if you put it up then she has no rights to remove it.

You don't say how high the original fence was.

For now I would send her a recorded letter, (date it and keep a copy) saying she has 14 days to re-instate the fence as existing, or you will have the work done at her cost.

westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

Cheers Scruff
The previous fence was 6ft so she has only increased height by about 8 inches but it is surprising what a difference it makes.
With regards to asking her to move it back, we have tried that. When we came back from holiday to find the fence moved (she even lifted my paving slabs in a path, as they 'were in the way'!!) we knocked on her door to talk to her, so she called the police !!??? It was unbelievable. And then when I asked the police what would happen if I removed her fence from my garden, they said they would have to take ME away for questioning!!!! I just could not believe it!!
Anyway, it is such a long saga I wouldn't keep going on. I am waiting to hear from the planning office, and I will let you know what they say.

westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

Having spoken to the planning enforcement officer, he confirmed planning permission is required, and he will 'handle it' from here.

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

Good news, keep in touch and uptodate please.

westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

Yeah I am pleased, but then........................ I got up this morning and opened my front door to water flooding past my door. My neighbours drain is broken or blocked and her dishwasher water is now flowing across my front door.(We have a shared courtyard at the front). Now how the hell do I approach her about that after all that has gone on about the fence!!!!??? It is not as if we are on speaking terms. I just cannot believe this is happening Rolling Eyes

I daren't even approach her about this, but it is pretty disgusting having dirty water across the front of the house.
Hohum, its not as if I've nothing better to do!!

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

Perhaps they damaged the drain when they moved your fence Laughing

Seriously though, another job for the building department, or environmental health.

Get on the phone and demand instant action from either or both.

westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

Do you want to buy a house in West Sussex? Laughing

Environmental Health here I come!!

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

Well I have a daughter in Littlehampton, a son in Aldwick, a sister in Aldwick, and another sister in Littlehampton, and God knows how many relatives in Worthing Laughing

Not forgetting an ex in Ford Shocked

Ooooooops nearly forgot the sister in Eastergate Rolling Eyes

westsussexspur · Joined: 24 May 2005 Posts: 48 Location: West Sussex

An ex in Ford? Thats where my ex should be!!!!! Shocked

And relatives in Worthing - who hasn't Very Happy

Well if you want to be near them, I know of this lovely Grade II listed cottage in a quiet village near Worthing - 3 Beds - £300k and I'll chuck in the neighbour from hell for free!!! Very Happy

Will update you news as it happens

And thanks for cheering me up- There is always a bright side to look on apparantly Shocked

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

Shucks I didn't mean the Ford holiday camp, I mean the Village.

Mind you Father in law (Bognor) use to work at the camp. Laughing

I moved to BAth to get away from the relatives, too many freebies.

Not only that the neighbour would definately not like me living next door Laughing