This article was contributed by Annie Button

“An Englishman’s home is his castle”, they used to say. The fact is that when it comes to our homes, we all want the freedom to do as we please, within reason of course. But it works both ways; we must also respect the lives and rights of our neighbours. Excessively noisy building work at unreasonable hours, loss of privacy, light obstruction, structural damage, and undesirable changes of use are some situations where neighbours may wish to object.

If you feel that your neighbour’s building work, planned or ongoing, is going to affect you negatively based on one or more of these factors, and you have reasonable grounds to object, you can contact your local planning authority. But before rushing to object, it is usually best to have a polite discussion with your neighbour to understand their plans and see if any concerns can be addressed amicably between you. And before you speak to your neighbour, this article will provide you with some useful background information that will guide the direction your neighbourly chat can take.

Noise, Light, and Loss of Privacy

Excessive noise and disturbance from building work is a valid ground for objection, especially if it occurs very early or late. There are rules limiting the permitted hours for noisy construction. If the work will severely impact your ability to rest or work, the council can issue a noise abatement notice to restrict the hours. Regular or prolonged noise nuisance might also warrant objection.

You have legal rights of light for any windows that have received natural light for 20+ years. Objection may be possible if new buildings or extensions will severely block daylight to your home or garden. The council will consider the severity of light loss and may require design changes. Minor obstructions or daylight ‘overshadowing’ may not warrant objection.

Extensions or changes that directly overlook, overshadow or remove your privacy can warrant objection, especially if they severely impact your ability to enjoy your property. Issues include upper-floor windows directly facing yours, balconies overhanging your garden, and additions built right against mutual boundaries. Planning departments take loss of neighbour privacy seriously when making decisions.

Structural Damage

Building work that may potentially cause damage to adjoining properties like underpinning or demolition gives grounds for objection. If you live in a flat, or a terraced or semi-detached house and your neighbour is carrying out work on a shared wall, such as a chimney breast removal, loft conversion, or building extension, the statutory process set out in the Party Wall Act 1996 must be followed.

The legislation requires the Building Owner to serve Notice on any affected Adjoining Owners and obtain their consent before the works can commence,” explains an expert in the field. If the work is carried out without serving the required Notices or a Party Wall Award having been agreed, your neighbour is in breach of the law and you can take legal action against them.

Planning Permission

Most building owners are free to carry out minor building work on their own property under ‘permitted development rights’. These rights allow homeowners to make changes like small extensions, loft conversions, or repaving driveways without needing to apply for planning permission. However, the property and the work are subject to certain criteria and conditions being met.

Any construction beyond permitted development rights like large extensions, loft conversions, or new buildings usually requires planning permission. Neighbours can object if the proposed development is too big, out of character, or poses issues like reduced privacy or parking stress. But planning departments consider objections alongside the benefits of housing supply and development.

Conservation Areas

Proposed building work in designated conservation areas must preserve or enhance the character and appearance of the area, and permitted developments are typically removed in these areas. Objections to unsympathetic changes that fail to do this will likely be upheld. Materials, style and height are typically considered and there are strict rules about demolishing properties, or property elements, in conservation areas. There are plenty of opportunities for neighbours to object.

If the building in question is a designated listed building, planning restrictions are even tighter. Building owners acting without listed building consent for home improvements and alterations are committing a criminal offence.

Change of Use

If a neighbour’s residential property is converted into flats, a house in multiple occupation (HMO) or for commercial/business use without permission, this may give grounds for objection due to increased traffic, noise, nuisance etc. The council assesses if the new use is appropriate and will consider any objections in their decision.

Conversely, if your neighbour is planning to turn, say, retail shops or offices into residential accommodation, they will need prior approval before building works can start, although full planning permission may not be required. In any case, neighbours and other interested parties are often given the opportunity to provide comments or objections.

Final Thoughts…

Promoting Healthy Neighbourly Relations

In summary, while neighbours are entitled to make improvements and upgrades to their own properties, they must do so reasonably and within the rules around planning permission and permitted development. If any proposed building work will negatively impact you through noise, nuisance, loss of light or privacy or damage, you have opportunities to raise justified complaints to your local council.

In the interests of good neighbourly relations, before objecting formally, we would always recommend that you discuss any concerns directly with your neighbour to find a compromise. Explain specifically how the work may affect you and try to understand their perspective too. Often minor design tweaks can solve the issues, without needing to involve the authorities.

Objections and Legal Actions

If direct discussion fails, you may need to put your objections in writing, referencing the relevant rules and policies. Provide evidence like dates/times of disturbances, photographs, or structural surveys to strengthen your case. However, keep communications polite and constructive, not antagonistic. If you have planning officers visit, be willing to suggest reasonable solutions.

In some cases, you may remain unsatisfied with the outcomes of objections, or the building work may have progressed beyond the point where restrictions can make a difference. As a last resort, you could consider taking legal action against your neighbour, but only if the issues are substantial and you have sufficient evidence. However, these tactics should really be a last resort, as they can damage neighbourly relations long-term and often prove time-consuming and stressful for little gain.

Maintaining a Harmonious Community

The best approach is to establish a mutually respectful relationship with your neighbours from the outset. Be considerate when doing your own building work and accommodating when they want to do the same. Compromise where you can, follow the rules, and only raise reasonable objections when needed in a spirit of cooperation, not confrontation. This will help foster a harmonious community for all.

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