- Homeowners can do some minor work without planning permission
- In terms of building permits, new fences cannot be higher than two meters.
- We speak with a planning expert about your options for filing a complaint.
I live in a ground floor apartment in Walthamstow, East London. The garden at the back of my apartment is divided between me and the apartment upstairs, so that their part of the garden is outside my bathroom window.
Neighbors put up a fence right outside my bathroom window, saying our window affects their privacy, but our window is frosted glass and we only open it to ventilate, etc. Surely they need a building permit for this?
In terms of building permits, new fences cannot be higher than two meters.
MailOnline real estate expert Myra Butterworth says: I’m sorry to hear about your situation. It must have been a shock to you to find a new fence right outside your bathroom window.
In addition to blocking the view, this can block light. We speak with a planning expert about whether planning permission was required and where you can go next.
Martin Gein, a chartered urban planner, answers: Homeowners have what are called Permitted Development Rights (PDRs). This allows them to do some small and minor work without planning permission.
One of these rights allows the erection of a fence, wall, or the like – the only real requirement is that it cannot be higher than two meters (one meter if close to a street).
So the first thing you should do is check how high this fence is.
Homeowners can do some small and minor work without planning permission
If it’s less than two meters high, then I don’t think you can do much in terms of planning. It is likely that the fence is legal and does not require any kind of building permit.
It may seem crazy that the layout system allows neighbors to block each other’s windows like this, but the authors of the permitted building rights probably did not expect that the right to build a fence would be used in this way.
However, there may be other remedies besides the planning system that can help you.
For example, you may have a “right to light” through your window, a form of legal easement that can prevent your neighbor from blocking your light.
The right to light can be established if the light has been used unhindered for 20 years, and you can get an injunction against the fence or some sort of compensation.
Contact a lawyer or legal advisor for advice that is appropriate for your situation.
Martin Gein is a certified urban planner. and author of How to Get a Building Permit – Insider Secrets.
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