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Neighbours lean to roof sitting on boundary wall - planning needed?

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  • 21-11-2014 5:48pm
    #1
    King Kong
    Registered Users Posts: 23 ✭


    Hi,

    I live in a small estate and have come home from work to discover that my neighbour has built a wooden lean to roof from the side of his house and sitting on the boundary wall between our properties. This roof is about about 10 feet wide at the front and runs along the size of the house for probably 20-25 feet.

    I don't want to be officious but this thing is unsightly and all the run off water just runs onto my side of the boundary wall. Ideally, I'd like it taken down completely but seeing as my neighbour didn't bother telling me before it went up, it's unlikely he'll agree to tear it down just because I don't like it.

    Would a structure like this usually require planning permission or do I just have to learn to live with it?


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    #2
    sydthebeat
    Subscribers Posts: 41,024 ✭✭✭✭sydthebeat


    Pics?


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    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,464 Mod ✭✭✭✭Gumbo


    Civil issue here. He is not allowed build on or over the boundary without your consent.


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    #4
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Basically you're allowed no more than 25 sq m total of covered area and not less than 25 sq m uncovered area remaining without requiring planning permission.

    Has he any other additions to the property such as a garden shed or an exempted extension, garage conversion, car-port or even a porch? Many people incorrectly think that limit doesn't include the space covered by 'temporary' structures such as wooden garden sheds and lean-tos doesn't contribute to that area but it does.


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,464 Mod ✭✭✭✭Gumbo


    slimjimmc wrote: »
    Basically you're allowed no more than 25 sq m total of covered area and not less than 25 sq m uncovered area remaining without requiring planning permission.

    Has he any other additions to the property such as a garden shed or an exempted extension, garage conversion, car-port or even a porch? Many people incorrectly think that limit doesn't include the space covered by 'temporary' structures such as wooden garden sheds and lean-tos doesn't contribute to that area but it does.

    Would all be irrelevant if he has encroached on someone else's property?


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    #6
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    kceire wrote: »
    Would all be irrelevant if he has encroached on someone else's property?
    No wouldn't be irrelevant at all, all the neighbour needs to do is move it back from the boundary. However the OP also stated he also preferred if the lean-to didn't exist and queried if it was legal.


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    #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,464 Mod ✭✭✭✭Gumbo


    slimjimmc wrote: »
    No wouldn't be irrelevant at all, all the neighbour needs to do is move it back from the boundary. However the OP also stated he also preferred if the lean-to didn't exist and queried if it was legal.

    Yeah totally true. The Neighbour needs to pull back the work to their side of the boundary.


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    #8
    King Kong
    Registered Users Posts: 23 ✭King Kong


    All, thanks for the feedback. Sounds like my neighbour is definitely in the wrong. I guess from Kceire's reply saying that its a civil issue means that I'd have to contact a solicitor to look for the removal of the structure?


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    #9
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,713 Mod ✭✭✭✭DOCARCH


    King Kong wrote: »
    All, thanks for the feedback. Sounds like my neighbour is definitely in the wrong. I guess from Kceire's reply saying that its a civil issue means that I'd have to contact a solicitor to look for the removal of the structure?

    Basically. The local authority cannot do anything about this (if it is a development exempt from planning permission).


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    #10
    King Kong
    Registered Users Posts: 23 ✭King Kong


    sydthebeat wrote: »
    Pics?

    Hi Syd - sorry, no idea how to attach a pic.


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    #11
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    King Kong wrote: »
    Hi Syd - sorry, no idea how to attach a pic.

    Unfortunately with less than 50 posts boards.ie account won't allow uploads. But if you leave out www. I'll update the post
    See below for how to upload
    http://www.boards.ie/vbulletin/faq.php?faq=bie_faq#faq_bie_faq_how


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    #12
    Markcheese
    Registered Users Posts: 8,428 ✭✭✭Markcheese


    Contact local council about the building... ( don't mention run off water or it being on your boundary wall as they're civil matters ) . If neighbour gets contacted by council he may just remove the lean- to rather than risk the fines -

    Slava ukraini 🇺🇦



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    #13
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,713 Mod ✭✭✭✭DOCARCH


    Markcheese wrote: »
    Contact local council about the building... ( don't mention run off water or it being on your boundary wall as they're civil matters ) . If neighbour gets contacted by council he may just remove the lean- to rather than risk the fines -

    Contacted by the Council on what basis? What Department?


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    #14
    PeteK*
    Registered Users Posts: 995 ✭✭✭PeteK*


    kceire wrote: »
    Yeah totally true. The Neighbour needs to pull back the work to their side of the boundary.
    What size is the boundary?
    Is there a set size, like the width of a wall or something?
    How far from it would you need to be?


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    #15
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,464 Mod ✭✭✭✭Gumbo


    PeteK* wrote: »
    What size is the boundary?
    Is there a set size, like the width of a wall or something?
    How far from it would you need to be?

    So that the structure and any rain water run off can be discharged on their property.


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    #16
    PeteK*
    Registered Users Posts: 995 ✭✭✭PeteK*


    Does that mean they're only being unfair when it comes to the water running onto their neighbour's property?
    I know someone who covered their drains in tarmac and removed their downpipes and just used the neighbour's pipes! Cheeky if you ask me.


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    #17
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,713 Mod ✭✭✭✭DOCARCH


    Still all a civil matter and nothing the Council can really do.

    If you have the agreement of your neighbour you can drain anything you want into their property and/or build anything you want on a shared party/boundary wall...if you don't have the agreement of your neighbour, its simply trespass...that's why it's a civil matter.


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    #18
    sydthebeat
    Subscribers Posts: 41,024 ✭✭✭✭sydthebeat


    You do not need a neighbor's permission anymore to build on a shared boundary.
    The law changed a few years ago.


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    #19
    Balmed Out
    Registered Users Posts: 4,713 ✭✭✭Balmed Out


    If you can do something about it I would. I know of an elderly lady (have only heard her side of story) whos neighbor did the the same and put a washing machine and tumble dryer alongside the wall. After a few years the neighbors asked her to repair the wall (perhaps to pay half not sure). Anyhow the old limestone wall came down she refused to rebuild it and they successfully sued her.


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    #20
    RORY O CONNOR
    Registered Users Posts: 270 ✭✭RORY O CONNOR


    The natural boundary is typically the center of the wall between the two properties. If your neighbour is over the boundary towards your property then he is in the wrong.


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    #21
    DvB
    Registered Users Posts: 10,128 ✭✭✭✭DvB


    sydthebeat wrote: »
    You do not need a neighbor's permission anymore to build on a shared boundary.
    The law changed a few years ago.

    Correct.

    However, the discharging of surface water onto an adjoining property does require consent, therefore as already pointed out by a few posters this is a civil matter. Unfortunately for the OP the local authority in these instances tend to not get involved if there's no breach of planning and/or building control regulations (at least none of the ones I've dealt with anyway)
    "I will honour Christmas in my heart, and try to keep it all the year" - Charles Dickens




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