IF your neighbour has built a shed right next to your fence, you may be able to dispute it.
There are a number of planning and boundary issues to be aware of.
Your legal rights explained in a shed boundary dispute Credit: Getty Images
Whether you’re looking to build a new shed, or believe your neighbours have violated planning rules, there are a number of issues to be aware of when it comes to garden buildings.
Not all sheds, or outbuildings, require a full planning permission to be built.
Sign up for The Jattvibe newsletter
Thank you!
Instead, they can be put up under a “permitted development”, with the legal framework set out under the Town and Country Planning (General Permitted Development) (England) Order 2015.
It’s important to note that the law is not just about your shed being too close to a fence.
GARDEN NIGHTMARE
Warning over surge in shed break-in costs as families hit with £4.5k bills
SHED HEADS
Pub Sheds of the Year revealed including chicken coop turned sport paradise
A number of factors can determine whether a shed requires planning permission to be built, including height, size and location in the garden.
Height particularly comes into play when a shed is built near a boundary or a fence.
In order to remain a permitted development, government guidance and council planning state that structures constructed near a boundary should stay under a certain height or require planning permission.
The purpose the building serves can also dictate what planning permission it requires.
Sheds used for domestic purposes, like storage or for a hobby, are considered differently from buildings that are used for living in.
However, disputes can still arise even if a shed appears to align with all the planning rules.
Boundary rules are not always straightforward, and the position of a fence doesn’t always prove ownership of the land by it.
In the event of a boundary dispute, you may need to look at property deeds or ask for specialist advice to solve the issue.
If you think a neighbour is building a shed in your garden, or if your fence has been damaged by a neighbour’s building, to start, it’s best to have a friendly, calm chat with your neighbour – advice echoed by local authorities and mediation services.
If you and your neighbour are struggling to solve the issue, you can look into getting a surveyor to give independent confirmation of the boundary position.
If the matter becomes a legal dispute, the Ministry of Justice has specific guidance on civil claims and the routes that can end up in court.
