Home extensions

In these difficult economic times many homeowners are choosing to extend their properties to gain additional living space rather than incur the considerable costs involved in moving house.

Not only can this save homeowners considerable amounts of money but it can also allow them to achieve the perfect property for their needs.

Whilst most homeowners will be aware of the need to consider whether planning permission will be necessary, many will not be aware that there are other important issues to consider, including whether the extension will potentially interfere with a neighbour’s rights to light by reducing the amount of natural light to a window in a neighbouring property and whether the Party Wall Act will apply.

Both of these occurrences would make it necessary to obtain the neighbour’s agreement to the building works to be undertaken.

There are various misconceptions as to what rights to light are and how to determine whether these are being interfered with, but the reality is that a very technical test has developed over the years to establish this and, all too often, rights to light are interfered with inadvertently.

Neighbours who realise that their rights to light are being interfered with can cause very serious difficulties for their neighbours and may well be able to obtain an order from the courts to prevent the building works from going ahead.

This means the works will either have to be abandoned or redesigned in such a way that the extension does not interfere with the neighbour’s rights of light causing both delay and very considerable expense.

It is therefore vital to ensure that a neighbour’s rights to light are properly considered as part of the design process and before the works start to avoid this potentially very serious issue arising.

As with rights to light, the question of whether the Party Wall Act is relevant to the building works is often not considered and again, there are misconceptions as to the effects of the Party Wall Act.

As a very general guide, if the building works would involve works to a boundary wall or are within approximately six metres of a boundary wall or a neighbour’s property, the Party Wall Act could apply.

This would make it necessary for notice in a specified form to be served on the neighbour, setting out details of the proposed works and giving the neighbour an opportunity to either agree to or object to the proposed works.

If the neighbour objects, the Party Wall Act provides for a surveyor to be appointed to decide what works can be done.

As a final word of warning, if the building works proceed without the rights to light and party wall issues being considered and the neighbour does not take issue at the time, a future purchaser of your property may raise questions as to whether the proper procedures have been followed and permissions obtained, and a failure to do this could potentially cause difficulties when selling your property at some point in the future.

* For more information on the issues raised by this article, please contact Jeremy Hardy.