Blogs
Neighbour’s Planning Permission: Protecting Your Services on a Gable Wall
Wednesday 8th January 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
I have an end-of-terraced property which appears to have my services on the flank wall, including rainwater, waste pipes, and possibly a gas pipe along with an electrical conduit. The house was built in the 1980s. I’m not sure when the services were put on the gable wall, but they appear to have been there for some considerable time.
My neighbour is or has just got planning permission to enclose upon my gable wall. I am concerned about the services on that wall – who would have to pay to relocate them if that is required? Could I ask the building owner to step their property away from my gable end?
This situation involves important legal and technical considerations, including your rights over your services and the impact of your neighbour’s proposed works. Here’s a breakdown of your options and legal standing:
1. Your Rights Over Existing Services
If the services (rainwater pipes, waste pipes, gas pipe, and electrical conduit) on your flank wall serve only your property and were installed lawfully when the house was built (or shortly afterwards), they are likely protected under easement rights. Even if there is no formal easement agreement, long-term uninterrupted use (typically over 20 years) may have created what is called a prescriptive easement.
Relocation of Services:
If your neighbour’s works would obstruct your services, they would generally be responsible for relocating or protecting them, ensuring that they remain fully functional during and after the works, at no cost to you.
You have the right to insist that the services remain accessible and operational.
2. Party Wall Considerations
Under the Party Wall etc. Act 1996, if your neighbour plans to enclose upon your flank wall, they are required to serve a party structure notice. You can respond to the notice by:
Appointing a party wall surveyor (at your neighbour’s expense) to assess the impact of the works and ensure your services are safeguarded.
Requesting modifications to their design, such as stepping back their new structure to avoid interference with your services.
The surveyor can include a clause in the party wall award requiring your neighbour to bear the cost of relocating or protecting the services if necessary.
3. Planning Permission
Even though your neighbour may have obtained planning permission, this does not override your legal rights. Planning permission only grants them permission to build; it does not authorise interference with your property or services. If you believe their works will interfere with your services or easement rights, you can:
Request a modification to their approved design via a discussion with the local planning authority or directly with the neighbour.
If necessary, you may lodge a formal objection or request conditions for protecting your services.
4. Next Steps
Check the Planning Permission Details:
Find out if the approved design explicitly shows the new structure enclosing on your wall.
Wait for the Party Wall Notice:
If your neighbour plans to build against your wall, they must serve notice under the Party Wall Act. You can use this as an opportunity to protect your interests.
Consult a Party Wall Surveyor:
They can advise you on your specific rights regarding the services and help negotiate a solution.
Would you like help drafting a response to a party wall notice or understanding the planning permission specifics?
