fence issue

[MERTHYR747]

My neighbour erected a huge conservatory whilst I was on holiday. The conservatory was erected almost on our boundary, knocking down our shared garden wall which divided us. I would like to erect a fence but am I able to considering my neighbours would not be able to open their conservatory windows on our side if I did? (this would be a good thing for me as the windows are constantly open during the summer and it does my head in if I'm in the garden relaxing!!)

[Lonnie]

, they should have had planning permission, in which case, council notices would have been sent out, asking if anyone objected, if they never applied, its illegal, however, there may be the odd excwption, which I don't know about, maybe someone else can explain better than I, but if your not happy with it, make some enquiries at the council. I would have thought, at the very least, your neighbours would have spoken to you about it.

[NORMANTHEDOG]

you dont need planning for a conservatory,under a certain sq ft,you just let the council know you are putting one up.if the fence side is your fence you can do what you like

[MERTHYR747]

Thanks for your replies. The boundary is shared ownership according to Land Registry.

[sammd]

If they've knocked down your shared garden wall they should pay for a replacement or at least pay half...

[stanleyman]

They are not entitled to open windows so that they overhang in your airspace, it's a trespass. Who owned the dividing wall? Sounds as if this hasn't been thought through and has no planning consent. You need to sort it out with them or make a complaint to the planning department.

[buildersmate]

Regarding Lonnie's answer, the conservatory may not have needed Planning Permission if the owner was able to use his Permitted Development Rights. This enables small additions without recourse to the planning system but there are size limits and other constraints on position.

Regarding Norman the Dog's answer, you may need Planning Permission for a conservatory and he appears to be confused about the difference between Planning Permission and Building Regulations approval. Conservatories of less than 30 square metres in floor area are regarded as temporary structures and do not need Building Regs approval (but nevethehless may still need PP).

Regarding the fence, you are perfectly within your rights to erect a fence up to two metres high along this boundary, irrespective of whether they would be able to open their windows or not. You do not need any permission. Indeed I am sure you would wish to do so, because this structure is looking straight into your garden.

Regarding retrospective action, do as Stanleyman suggests.