In our new weekly collection, readers can e-mail with any shopper questions answered by our knowledgeable, Martyn James. When you have a query for him, please e-mail cash@inews.co.uk.
This week’s query: Final 12 months we moved into our new home. Our kitchen is adjoining to the backyard, identical to that of our neighbours. It wasn’t lengthy earlier than we seen that they’ve an extension that extends far past our kitchen and blocks a number of gentle into our home. Prior to now week, with the recent and sunny climate, I’ve seen that after I’m cooking, no gentle reaches me and that is beginning to annoy me. I have never stated something to date as a result of I do not wish to argue, however now I am frightened. Will this have an effect on my trade-in worth? And what would occur if I complained? What motion might be taken?
Martin replies: “Would not or not it’s good to hang around together with your neighbors?” sang the Small Faces in “Lazy Sunday Afternoon”. A more true sentence has by no means been uttered.
Earlier than I dig deeper into your query, this is a prime tip for everybody: take the time to get to know your neighbors. If they don’t seem to be troublesome, construct a relationship with them, go across the occasional card or birthday current, and let go of some issues if they do not have an effect on your life. As a result of neighbor disputes – after they develop into protracted – can destroy lives, break the bank in futile authorized charges and even have an effect on the sale of your property, as reporting neighbor disputes is a authorized requirement within the UK when promoting property. Failure to say this might put you in courtroom if the brand new homeowners sue.
Let’s put that comfortable thought behind us, let’s take care of the issue. I spoke with my fellow broadcaster, authorized knowledgeable Gary Rycroft, to debate each the patron and authorized elements of this difficulty.
As Gary says, the authorized precept of caveat emptor – ‘let the customer beware’ – applies right here. On this case, your new neighbor constructed this extension earlier than you arrived. They did not do something incorrect and you need to have seen it earlier than you moved in, or at the least requested the individuals you purchased the property from, “Will the extension have an effect on the sunshine within the kitchen?” or ‘When was the extension constructed’?
I do not wish to be sensible with hindsight, however nothing beats detailed analysis earlier than buying a house. For future reference, please keep in mind to tell your solicitor about a majority of these points as they haven’t visited the property and you have to to allow them to know of any considerations.
Nonetheless, if the issue actually impacts your high quality of life, you possibly can – though I do not advocate it – examine together with your native planning authority to see if permission has been granted for the extension by no means or for a smaller model of the constructing. If the constructing allow has been violated, the native authorities can take motion or require the extension to be eliminated or modified. However what is going to your relationship together with your neighbors be like then? Is the lack of a bit gentle definitely worth the years of enmity with the neighbors?
For the report, you can’t object to a future extension or different constructing work if it’s a ‘permitted growth’.
As for the appropriate to gentle, like many issues, it is not straightforward. Over there is a authorized proper to not have the sunshine taken away. Nonetheless, for this the home should have had gentle 20 years earlier, which doesn’t apply in your case. For a authorized grievance like this to succeed, it’s essential show that this diploma of loss occurred (which is kind of troublesome should you simply moved in) and even, then some gentle nonetheless counts as gentle. Litigation like this may be lengthy, drawn out and costly.
As for trade-in worth, it could most likely be sensible to level out the sunshine downside to future consumers so you aren’t getting a name from them when subsequent summer time hits and so they make the identical discovery. However realistically I am unable to see this having a huge effect on the worth of your property. It’s possible you’ll wish to take into consideration options resembling putting in skylights or improved kitchen lighting. Imagine me, it will likely be less expensive and fewer problem.
