I’ve built an extension right up to my boundary and been granted a certificate of lawful development from the local authority.
This permits me to install two windows which face my neighbour’s property.
She has a 1.8 metre fence in situ and as soon as I started cutting out spaces for the window openings she re-directed her climbing plants, which are already all over my extension, to grow over the windows.
Can she do this? How can I get this to stop?
Dilemma: A Daily Mail reader’s neighbour has redirected her climbing plants towards their extension
Jane Denton, of This is Money, says: Households can apply for a certificate of lawful development to be certain their proposed extension or change of use for a building does not require planning permission. Applications need to be made to the local council’s planning portal.
Getting the certificate for your extension means enforcement action by the local planning authority cannot be taken against the development referred to in the certificate.
Extensions built right up the boundary often cause disputes between neighbours.
Your certificate tells you and others that the extension you are building right up to your neighbour’s boundary did not require planning permission.
At the same time, your neighbour is within her rights to grow her climbing plants up to her boundary. If they are grossly overgrown over your extension’s windows, then you may have some legal recourse.
As a starting point, however, try and have a courteous conversation with your neighbour and explain what impact the climbing plants are having on your use and enjoyment of your property.
Joanne Ellis, a partner at Stephensons law firm, says: I appreciate how frustrating this must be, especially after going through the proper channels to ensure your development is lawful.
As you mention, and to reassure you, the Certificate of Lawful Development you have obtained confirms that your extension and the installation of the windows are entirely within your rights under planning law.
The legal ‘right to light’ only applies after a window has received uninterrupted light for 20 years, Joanne Ellis says
This certificate protects you from enforcement action and confirms that planning permission was not required for the windows.
Regarding your neighbour’s climbing plants, while she owns the plants growing from her land, you are legally entitled to trim back any part that encroaches onto your property, including over your windows, provided you do so from your side and without stepping onto her land.
That said, in the same way that you are entitled to build up to your boundary, your neighbour is entitled to have plants up to her boundary.
Your builder needs to be careful not to damage the plants during construction as you and the builder may be liable.
It is also worth noting that the legal ‘right to light’ only applies after a window has received uninterrupted light for 20 years, so this wouldn’t apply in your case.
However, if your neighbour has intentionally redirected the plants to block your windows, and this causes a significant impact on your enjoyment of the property, it could potentially be considered a private nuisance.
If the plants, or anything they are growing up, is physically attached to your property, presuming your neighbour has no rights in her deeds to do so, that would amount to a trespass, and you can seek their removal.
Depending on the type of plants that are growing it may also be worth checking the provisions of the High Hedges Legislation. That said, these cases can be complex and often benefit from a calm and constructive approach.
It is worth checking your deeds to see if you have any rights or your neighbour has any obligations that may assist.
I’d recommend documenting the situation with clear, dated photographs showing the change in plant growth and its impact on your windows.
If you feel comfortable, a polite conversation with your neighbour might help resolve things informally.
Building works can often cause tension between neighbours and an honest discussion may open up concerns from either party that are likely to be able to be compromised.
For example her concern may be loss of privacy and there may be a way you can address this for her. If not, I’d recommend speaking with a legal specialist who can direct you further.
Manjinder Kaur Atwal, director of property law at Duncan Lewis Solicitors, says: Neighbour disputes such as this are surprisingly common.
While it can feel personal, the law focuses on property rights and the prevention of unreasonable interference with enjoyment of one’s home.
Since you hold a certificate of lawful development, your extension and windows are legally permitted.
Writing a courteous letter to a neighbour could go a long way, Manjinder Kaur Atwal suggests
Your neighbour is entitled to enjoy her property, maintain her fence, and grow plants within her boundaries.
However, deliberately encouraging plants to obstruct your windows, particularly after you have begun or completed a lawful construction, may constitute a nuisance.
Nuisance law protects property owners from substantial and unreasonable interference with the use or enjoyment of their property, including light, views, and air.
A temporary or minor obstruction may not meet the legal threshold, but persistent interference could give you grounds for action.
Here are some practical steps you can take:
Start with a courteous, written approach. Explain that the plants are obstructing your lawful windows and request that they be trimmed or managed so they do not overhang or block light. Keeping a record of your communications is essential, as it may be useful if the situation escalates.
If discussions fail, there are several legal remedies available:
1. Negotiation or Mediation: Engaging a professional mediator can resolve disputes quickly and often preserves neighbourly relations without court involvement.
2. Formal Notice: You could serve a formal notice requiring the removal or trimming of the plants. Legal letters from a solicitor can sometimes be enough to encourage compliance.
3. Court Action: As a last resort, you can apply to the court for an injunction or an order requiring the plants to be cut back. Courts will balance your right to light and enjoyment of your property against your neighbour’s rights to maintain her garden, so clear evidence of interference is crucial.
It is important to understand that the law does not guarantee a right to full sunlight. Courts generally assess whether the obstruction is unreasonable and materially affects your enjoyment of the property.
Occasional shading or minor overhang is unlikely to be actionable. However, if the plants block a significant amount of natural light to the new windows or make rooms dark and less usable, this strengthens your case. Documenting the interference with photos and notes over time can be very helpful.
In most cases, a combination of clear communication and formal, documented requests resolves the issue.
While your neighbour has rights over her property, she cannot deliberately interfere with your lawful enjoyment of your home. Addressing the problem early and calmly usually prevents minor disputes from escalating into costly legal battles.
