Loss of privacy or just nosy neighbours? Rod Appleyard’s day in the life of a fenestration surveyor

This month sees a good old fashioned fall out with neighbours, which could have been easily avoided but unfortunately the sale took precedence and the devil took second place.

Let me take you through the facts of the pre fall out. The Smiths decided that they would enhance the value of their house by purchasing a conservatory from, let’s call them Spartacus Conservatories. If there is anyone out there with this name it is not you and I apologise for any hint of association. All went well and not one problem except Mrs. Neighbour wanted one also, so Mr. Neighbour placed the order some 18months later.

Loss of privacy
Now for the geography: The Neighbours’ house and garden ran along the bottom of the Smiths’ garden at rights angles, which was only 7m long after the conservatory had been installed. Neighbours’ house was elevated 800mm from ground level. This was not a problem as being a new estate nothing was overlooked and all back gardens had a 1.8m timber paling fence for privacy. That is until the Neighbours’ conservatory was erected and low and behold the Neighbours could and did stand in their conservatory and watch everything the Smiths did, a comment in court was made about a fish bowl. This made the Smiths livid, as despite the 1.8m fence all privacy was lost.

Not ones to take the loss lying down, the Smiths contact their legal adviser who seeing the potential for earnings says, ‘of course you have a case’ and so began the long paper chase. Who shall we sue? Why everyone was the reply.

This is where I was dragged in: There is one thing bound to cause highly charged emotion and drag out the primeval instincts in homosapiens and that is neighbourly falling out over invasion of what they own. Disputes of this nature will have a life all of its own which festers and grows, where no sane or sensible person who is not affected should stray.

Having taken measurements, calculated angles and measured light angles my report stated that there was no loss of right of light. The houses had not been up long enough, but there was a loss or privacy and the Smiths were deprived of that privacy because the conservatory was elevated and no effort had been made to preserve that privacy.

Calculations and claims
Armed with this the two parties galloped off to court. Would you believe it? The Smiths now claimed not only loss of privacy but also a sum of money to the tune of £15,000, as this is what they calculated the house value had been diminished.

After two days of presentation, examination and cross examination, charts showing house price movement, documents showing like house prices and valuations of the Smiths’ property, all had had their say.

Now you may think yes nice story, interesting but what the */!* has this got to do with our industry?

Negligent supplier
The twist is that the Neighbours’ conservatory supplier was also cited in the action as being negligent, remember at the start of this when I said the sale ruled and everything else took a back seat well now you know why because it was proven that as professionals, good advice had not been given with regards to ‘VISUAL IMPACT’. It was on this point alone that the Neighbours’ conservatory supplier was found wanting.

The upshot of this was that the Smiths had over egged the claim and only received £9,000 plus costs. Of that £9,000 awarded, the conservatory company had to pay £3,000, 30% of the Smiths’ costs and all their own.

‘O’ to see us as others do’ is a cautionary phrase, especially as the terms ‘Visual Impact’ and ‘Environmental Impact’ seem to be in great use these days. Always take into account the fact that it’s not just what you put there, its how it affects others that also matters.

Before I close I would just like to congratulate the winners of the G04 Awards.

To those who were short listed and were subject to an inspection of their work, it was very, very close. Be under no illusion, all finalists displayed a commitment to quality which made the inspections hard, as the standards attained were exceptionally high. Congratulations too for the runners up. This achievement is an accolade in itself.