Over Hanging Eaves

Yes, if it overhangs into your neighbours land then he / she is within her rights to demand it be removed… or even remove it themselves…….

Is it a big issue to remove the eaves or to trim them back so they don’t overhang. There is about a 4 inch gap between my wall and their wall. Could you make an eave 4 inches wide?

the proper construction should have been a parapet and not an eaves. If they dont make an issue of it, leave it.. if it exists for more than 5 years they cannot request it to be removed.

@henno wrote:

the proper construction should have been a parapet and not an eaves. If they dont make an issue of it, leave it.. if it exists for more than 5 years they cannot request it to be removed.

You mean 12 years.

Bob , I guess you mean 7 years after expiration of PP to arrive at 12 ?

That would relate to action by LA enforcement .

Or are you applying another principle ?

@Bob Dole wrote:

You mean 12 years.

i probably am mistaken, thank s Bob…..

has anyone a link to where i might find this in legislation?

@henno wrote:

i probably am mistaken, thank s Bob…..

has anyone a link to where i might find this in legislation?

enforcement action can take place …..

1. in the case where no planning application exists , within 7 years of the commenecent of the works

2. in the case where planning permission exists , within 7 years of THE EXPIRY OF THE PERMISSION . So a longer period of waiting in this case …. Potentially 12 years so

Ref- Planning and Development Act 2000 Part 8 Article 157 – 4a (i + ii )

BUT

Bob may be referencing a principle whereby in the event of boundary disputes ( 1. OS maps indicate different to 2. land reg maps indicate diffrent to 3. physical boundary on site ….. ) then if a prty can demonstrate that the physical sitauation has existed for (12 – is it bob ? ) years then that will setlle the matter .

Can you clarify please Bob ?

@sinnerboy wrote:

Bob may be referencing a principle whereby in the event of boundary disputes ( 1. OS maps indicate different to 2. land reg maps indicate diffrent to 3. physical boundary on site ….. ) then if a prty can demonstrate that the physical sitauation has existed for (12 – is it bob ? ) years then that will setlle the matter .

Can you clarify please Bob ?

Yes – generally it is 12 years for adverse possession (i.e. squatting) – which you would be doing with the eave.
After that time the neighbour is unable to bring proceedings against the person who put in the overhanging eave.

A high profile TV / Radio presenter is currently fighting case with his neighbour on this point I beleive .

Hard to know what to advise to the OP . If you built to drawings I don’t see how enforcment by LA can occur . Caveat applies that planning permission alone does not allow you to build .

You may never have a problem with this . Indeed your neighbour may be happier to leave the situation as is rather then disturb him with builders altering the roof , presumably from his site .

We had a side extension domestic application once where we overhung – with informal neighbours consent .

The LA imposed a condition for the roof to be curtailed back so no overhang – and required ammended drawings to be submitted for agreement with LA

The neighbour then wrote a letter protesting the condition . On aestethic grounds , they wanted the proposed overhang on our clients roof and expressed no problem with the boundary oversail . We submitted that letter and – LA accepted .

The roof now overhangs .

Thanks for the inputs. I see properties all over the area with over hanging eaves at a level far greater than I have. It has not become an issue for me so I will have to leave it as is and address it if it ever does become an issue later down the road.
If this is a contentious issue I don’t understand why planners don’t bring it up as one during the planning stage. As a novice i did not envisage this and neither architect or builder stated the issue. it was only after the build that I noticed it. It should eb called out as a potential during planning?

sometimes it is , sometimes it isn’t

buildability has nothing to do with planning……. mad but true.