Boundry encroachment of building

Boundry encroachment of building

Do I Need Permission - Ask An Expert My neighbour has build a swimmingpool “shed” 6×4 mtrs x 2.8mtrs high.
It encroaches onto my property by 50cms at one end and 15cms at other.
the flat roof slopes to my side with no guttering to gather rain water.
What is my first step in the boundry issue if neighbour disputes encroachment.
is this building permissabe with a “certificate of lawfullness” at this height ( over 2.5 mtrs) and with lighting and water heating facilities.
Question Posted By – David Williamson In Area – West Central Scotland

  1. Do I Need PermissionDo I Need Permission01-10-2016

    David.

    Boundary disputes in the first instance I would always recommend trying to sort this out between yourself and your neighbour. If this fails you would then have to take this up with either a surveyors or lawyers which will incur costs etc…

    You can build buildings within your property boundary with out planning permission as long as it meets the criteria for permitted development.

    This would most likely come under the following,

    Class 3A.—(1) The provision within the curtilage of a dwelling house of a building for any purpose incidental to the enjoyment of that dwelling house or the alteration, maintenance or improvement of such a building.

    this class of development is NOT permitted if,

    (a) it consists of a dwelling;
    (b) any part of the development would be forward of a wall forming part of the
    principal elevation or side elevation where that elevation fronts a road;
    (c) the height of the eaves would exceed 3 metres;
    (d) any part of the development would exceed 4 metres in height;
    (e) any part of the development within 1 metre of the boundary of the curtilage of the
    dwelling house would exceed 2.5 metres in height;
    (f) as a result of the development the area of ground covered by development within
    the front or rear curtilage of the dwelling house (excluding the original
    dwelling house and any hard surface or deck) would exceed 50% of the area of the
    front or rear curtilage respectively (excluding the ground area of the original
    dwelling house and any hard surface or deck); or
    (g) in the case of land in a conservation area or within the curtilage of a listed
    building, the resulting building would have a footprint exceeding 4 square metres.

    From the information you gave if the building is more than 2.5m in height within 1m of your boundary planning permission is required.

    Due to the size of this building and possibly the construction this may also of required a building warrant.

    Thanks for using Do I Need Permission.

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