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Boundaries and Building Regulations
Boundaries and Building Regulations
When undertaking building work the question of the accurate location of property boundaries often arises. Unfortunately this can sometimes lead to disputes between adjoining neighbours.
The Building Regulations can do nothing to assist owners when boundary disputes arise. In principle, when erecting a new building or extension to a building, you can construct it up to the boundary but must not encroach over the adjacent land without the express consent of the adjoining owner. This means keeping all elements, including temporary scaffolding, the projection of foundations, eaves, rainwater goods, opening windows etc. within the confines of your own land. Also, if you are unable to obtain the adjoining owner’s consent to access their land you should consider how the building or extension is to be constructed from your side only, e.g. if applicable, how will you build and render the external wall? You will also need to take account of any requirements that may apply under the Town & Country Planning Act and Party Wall Act.
The location of property boundaries is purely a civil matter between adjoining owners that is best resolved amicably rather than resort to legal processes. If you are unable to agree the location of the boundary with your neighbour you may need to appoint a Solicitor or legal advisor to assist in resolving the matter. However, you should think carefully before resorting to this course of action as court proceedings can prove very costly.
The Land Registry of England and Wales maintains a register and title plan of registered land including details of ownership etc. This information can be purchased for a small fee and can be helpful in establishing at least the general boundaries of land. Sometimes the register contains details of who owns the boundary and who is responsible for its maintenance. The Land Registry also provides comprehensive guidance on boundary matters that can be accessed from their website.
Boundary fences, walls and gates
Building Regulations approval is not required for the erection of boundary fences, walls or gates. You should still however give careful consideration to their construction to ensure that they are safe. Masonry garden walls often suffer collapse and, unfortunately, they are one of the commonest causes of death by falling masonry. Some guidance on the erection and maintenance of garden walls is available from Planning Portal website, and you may also wish to seek expert advice.
Before proceeding you should also check with the Planning Department whether or not planning permission is required. Usually you will not require planning permission if the fence or garden wall adjacent to the highway does not exceed 1.0metre high or 2 metres high in other situations.
You should also be aware of requirements and obligations under the Party Wall etc. Act 1996.