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Windows on Boundary Line

Postby Howey » Thu Jun 18, 2020 7:23 pm

There is an agricultural building of which I own agricultural land on 3 sides. The building itself forms the boundary wall.

Last week work started on putting 4 windows into the external walls ( It transpires that the owners have applied for and got consent for a barn conversion )

Does anybody know:

a) If the local council should have informed me when the planning application was submitted
b) As the windows are on the boundary line do they need to be fire rated as they are over 1m2
c) Plans show a new door & french doors onto my land ( currently no right of access ) is this allowed
d) Part of the external wall is a brickwork structure which the plans show is to be clad in timber. Is this allowed as the "new" cladding will require battens fixing to the walls and boards. This will protrude beyond the boundary line
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Postby stoneyboy » Sat Jun 20, 2020 1:01 pm

Hi howey,
a) probably yes but who knows what policy was adopted by the Council because of the Coronovirus
b) if the windows are facing open land probably not
c) no reason why they should not be there, they just cannot be opened outwards
d) Probably not allowed but it will cost you a fortune for the legal profession to determine the exact position of the boundary.
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Postby RobAlb » Mon Aug 24, 2020 5:59 pm

B, if your neighbour has built on the boundary line, the building control body need take into account the likelihood of you developing your land. Remember fire rated windows should be fixed shut which creates ventilation issues for the developer.

Think about houses fronting on to a common foot path / road. Clearly the land is not owned by the occupants and it’s also unlikely to be developed.

C. Show the deeds and title plan to the developer and ask what their intent is. They have no rights of access over your land. Do bear in mind title plans do not have measurements on and it’s possible the boundary on the developers plan is slightly different to yours.

D. Again the boundary need be established.

Most of the items raised are civil and it would be for you to take your own legal action.

Have you read the Party Wall Act? it may offer options to temporarily halt the development and provide a course of action.

If you are confident the land up-to the new barn is yours you can erect a fence or structure on your side of the boundary line.

It’s also worth looking at the planning application. They will have submitted a block plan and a location plan and will have given their own account of where the boundary is.

In the first instance communication is key, then as last resort legal action.
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