In the latest installment of our Joe Pepper Explains series, today we discuss permissions around neighbours building a shed or pergola against your fence.
It can come as quite a shock to look out of the window one morning and discover your neighbour has started building a shed or pergola right next to your fence.
Can they actually do that? Do they need your permission? And what happens if it’s affecting your property?
The answer, like many legal questions involving neighbours, is: it depends.
In many cases, yes – they probably can.
For most homeowners, planning rules allow certain outbuildings, including sheds and pergolas, to be built without applying for planning permission. These are known as Permitted Development Rights.
If your neighbour wants to build a shed or pergola within two metres of the boundary, it will usually be allowed under Permitted Development provided the structure is no higher than 2.5 metres.
If the building is more than two metres away from the boundary, the permitted height generally increases to 3 metres, or 4 metres if it has a dual-pitched roof.
However, Permitted Development Rights do not always apply. There are a number of situations where your neighbour may still need planning permission.
For example:
- the property is listed;
- it is located within a conservation area;
- Permitted Development Rights have been removed, perhaps because of an Article 4 Direction or planning conditions on a newer housing development;
- previous extensions or outbuildings have already used up the property’s Permitted Development allowance; or
- the proposed building is in front of the house, where planning permission is often required.
Every property is different, which is why it’s dangerous to assume that what was allowed next door will also be allowed elsewhere.
What about the Party Wall Act?
For most standard sheds and pergolas, the Party Wall etc. Act 1996 is unlikely to be an issue.
However, it could become relevant if:
- deep foundations are needed close to the boundary; or
- the new structure is going to be physically attached to your neighbour’s wall or another shared structure.
If either of these situations applies, specialist advice from a party wall surveyor should be obtained before work begins.
Don’t forget restrictive covenants!
Planning permission is only part of the picture.
Even where planning rules allow a shed or pergola, the property’s title deeds may contain restrictive covenants preventing certain buildings from being erected without consent.
These are particularly common on newer housing developments or where land has been divided from a larger property.
A solicitor can review the title deeds and explain whether any restrictions apply before work starts.
Keep everything on your own land
One point that’s often overlooked is that every part of the structure should remain within the owner’s boundary.
That includes obvious features like walls and roofs, but also smaller details such as gutters, fascia boards and roof overhangs.
If part of the building crosses the boundary into neighbouring land, it can create legal problems that are often far more expensive to resolve than avoiding them in the first place.
The best advice?
Check first and talk to your neighbour.
If you’re planning to build a shed or pergola, taking advice before spending money can save a great deal of time, stress and expense.
A property solicitor can advise whether Permitted Development Rights are likely to apply, whether any restrictive covenants exist, and whether any other legal issues need to be considered. If there is any uncertainty over the planning position, your local council’s planning department can also help.
Just as importantly, have a conversation with your neighbour before work starts.
Many neighbour disputes begin not because of the building itself, but because one person feels they’ve been left in the dark. A simple conversation beforehand can often prevent disagreements that might otherwise escalate into costly legal disputes.
How Bridge McFarland can help
Whether you’re planning to build an outbuilding yourself or you’re concerned about work being carried out next door, our property dispute solicitors can advise on planning issues, restrictive covenants, boundary disputes and neighbour disputes.
Taking advice early is usually far less expensive than trying to resolve a dispute after work has already started.
For help and advice with any residential property matter, contact me, Joe Pepper at enquiries@bmcf.co.uk
