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  • Refurbish/Develop

    Building a house at the back of my garden

    The rear of my garden borders a highway ditch followed by some private land and a road/close - please see attached.

    None of my neighbours have attempted anything like this from a planning perspective.

    Can I build a house at the back with access from the private road?

    Any help is appreciated.

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    You need to check who owns any land outside your rear boundary. Some properties have a 'Rasom Strip'. My friend owns a ransom strip opposite her house, only 1mt deep, basicaly requiring her permission to travel over it. She will never give it as she likes not having a house opposite. You then need to speak to the council to see if they will permit it. Might be an idea to ask neighbours if they have ever looked into this. So yes possible but need to check out to see if it can be done.

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    I'm afraid to say it does not look simple. Who owns the road? Who owns the land adjacent to the road? What is the purpose of the ditch? Is there a pattern of this kind of development in the area?

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    Thanks for your response Bristol1. Road is owned privately. The land adjacent to the road has the symbol ET1 or ETL on the title plan - any ideas what this means?

    There is no pattern of this kind of development in the area and I'd be first if I could pull it off - which doesn't seem likely by the looks of it

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    If you can buy the ditch part, I would try and buy all of it, including behind everyone else's house. As once you do it if successful everyone else will, however they would need to buy your part also.

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    My immediate thoughts are that you'd probably be very lucky indeed to get consent to use the grassed area or over the ditch for parking, hence, these factors come to mind -

    1. Access out onto the road appears to be at a bend, which might be a problem with the highways department.

    2. As there doesn't appear to be any scope for car parking on the road (or grass or above ditch), you'd need to provide adequate space to park and turn 1 or maybe even 2 cars - presumably within your own boundary?.

    3. After taking account of the requisite parking area, the house would need to be set possibly at least 7 or 8 metres in from the existing rear boundary.

    4. Trees including Root Protection Areas.

    So, once you've dealt with access and car-parking, it would be a non-starter in terms of rear garden size and loads of adverse affects on neighbouring amenity etc.

    Personally, even if you could park outside of your existing boundary, the unneighbourlliness (is that a word?) of a house on that spot would be unlikely (or they'd all wanna do it!).

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    Thank you for your detailed answer Anotherjohn.

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    I'm sorry my comments were so negative - hopefully someone else will come along and blow me out of the water!

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    I have been looking into doing similar but my land already has access to a lane, my problem is a covenant on the land which I will hope get removed.  But one MASSIVE hurdle I have only just come across is Community Infrastructure Levi (CLI). My local council in Surrey are starting to charge from the 1st March 2019 CIL at £452 per sq metre, minimum of 100m2.  So if you wish to build the house and say its only 60m2 you would still have to pay the council £45200 before you even put a shovel in the ground!  If you build to live in the place then you have to stay there for 3 years or you have to pay the tax.  The small cottage I wanted to build was only 163m2 and the tax was going to cost over £70K .  When confronting the council their response was "Yes, were one of the most expensive in the country, but people want to live here so we can charge what we like".  There are a few exceptions but I would definitely look into it as they seem to be rolling this out all over the England and there is little press about it, I could only find a few mentions of CIL on PT and I would have thought it will effect most developers.

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    Interesting, but

    "... build the house and say its only 60m2 ..."

    60m2 isn't much of a house under new guidelines, which specifies:-

    58m2 for a 2-storey 1-bed house for max 2 people

    60m2 for a 1-storey 2-bed house for max 3 people

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    Hi Sheriff, CIL is commonplace now and non-negotiable. Yes some areas are very expensive -- Wokingham charges £375, while others are more reasonable at around £150. It tends to be chargeable on the NET gain in floorspace, but often only if you are adding in excess of 100 square metres...so worth double checking that for yours. It's an undesirable cost, but keep an eye on the bigger picture, if you are adding a lot more value than that cost (which you may well be in an expensive area like Surrey) then it may still be worth doing it.

    Best,

    Guy

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    Guy Brown
    Blue Infinity Property Group
    M 07791-661491 | T 0118 3360366 | E guy@blueinfinityproperty.com<script data-cfhash='f9e31' type="text/javascript">/* http://www.blueinfinityproperty.com

    * New build residential developments and flat conversions in the Home Counties
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