Neighbour Building Extension With No Planning Permission

catch88

Firstly, im not asking for legal advice since Im not bothered by it but I thought it was strange that my neighbour started building an extension onto the back of his house this week....with absolutely no planning application.

They need planning permission right?

Also, I would have assumed that the building contractor would have asked if permission was granted before commencing work.

Gavin "shels"

Not all extensions need planning permission, contact Dublin City Council and get them to have a look at it and make sure it's within the legal rules.

tombren

there is exemptions to planning permission requirements one being that you can build an extension without planning permission if its less than 40sq metres

nuac

Exemptions for extension to a private residence set out in the 2001 Planning Regs Schedule 2 Part 1. To be read carefully.

Many builders would not check re planning permisson.

Even if the extension is exempt that does not entitle your neighbour to e.g. block light to your house, or tie in the extension to your wall etc.

However rather than going legal, why not talk to your neighbour?

I have often been involved in litigation between neighbours over what to an outsider seem to be minor matters. Often ends up after much expenditure and worry being told by the Judge to go out and talk.

jhegarty

From : http://www.citizensinformation.ie/categories/housing/planning-permission/planning_perm_altering_a_house


Generally, you will not need planning permission for:

* Building an extension to the rear of the house which does not increase the original floor area of the house by more than 40 square metres and is not higher than the house. The extension should not reduce the open space at the back of the house to less than 25 square metres which must be reserved exclusively for the use of the occupants of your house. If your house has been extended before, the floor area of the extension you are now proposing and the floor area of any previous extension (including those for which you previously got planning permission) must not exceed 40 square metres. (There are also other height restrictions.)
* Converting a garage attached to the rear or side of the house to domestic use so long as it has a floor area of less than 40 square metres. Building a garage at the back or side of a house so long as it does not extend out in front of the building line of the house and does not exceed four metres in height (if it has a tiled/slated pitched roof) or three metres (if it has any other roof type). This building will be exempt from planning permission once the floor area is limited to 25 square metres. Garages or sheds to the side of the house must match the finish of the house and may not be lived in, used for commercial purposes or for keeping pigs, poultry, pigeons, ponies or horses.
* Building a front porch so long as it does not exceed two square metres in area and is more than two metres from a public road or footpath. If the porch has a tiled or slated pitched roof, it must not exceed four metres in height or three metres for any other type of roof.
* Capped walls made of brick, stone or block, wooden fences but not security fences can be erected as long as they do not exceed 1.2 metres in height or two metres at the side or rear. Gates may be build provided they do not exceed 2 metres in height. Permission is always required to if you wish to widen or create new access to the public road.
* A central heating system chimney, boiler house or oil storage tank (up to 3,500 litres capacity).
* Car parking spaces, garden paths etc
* A TV aerial on the roof so long as it is less than six metres higher than the roof
* A satellite dish (up to one metre across the below the top of the roof) at the back or side of the house (a dish on the front needs planning permission). Only one dish may be erected on a house.

partyguinness

Yes to the above.

There are exemptions to extensions as long as they stick to the guidelines viz. height and area.

As a side issue, a Commencement Notice is served before works commence in compliance with the Building Regulations notifying the Building Control Authority that the works are about to commences. But of course that assumes that Planning Permission has been granted.

Victor

nuac wrote: »

Even if the extension is exempt that does not entitle your neighbour to e.g. block light to your house, or tie in the extension to your wall etc.

Actually, you are allowed build on a party wall, although there are side issues like not being able to go across the party wall, building regulations, etc.

nuac

Agree Victor if it is a party wall. Sometimes it is not.

After representing people in many such disputes over the years, some very bitter, consider it far better to ask the neighbour in for a cup of tea and sort out matters.

makemineabud

Just saw this thread and want to ask a related question. If a neighbour wants to build a garden shed and want to use the wall between both your own garden and theirs, do they need your permission. My understanding of a party wall is that neither has a unilateral right over this wall. But just in trying to get my head around a situation such as this, I am wondering does the neighbour need your permission to use the wall or what?

Victor

They don't need permission to use the wall. However, politely ask them how they proposed to finish the building on your side of the wall without over-hanging it and have them note that the wall's foundation probably wasn't designed to take the loading from the shed.

makemineabud

Am I within my rights to insist on the same finish as the existing wall? Also is there a legal limit to the height of any such building or how big it can be? I'm just wondering from the point of view of blocking out sunlight from my garden - By the way I'm in the Fingal County Council area so don't know if that makes a difference.

dermot_sheehan

Chapter III of the Land and Conveyancing Reform Act 2009 clarifies the law in this are
http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2006/3106/document1.htm

There is a right to carry out work on a party structure, provided you make good any damage.

If there is any dispute as to your entitlement to carry out works you can apply for a works order from your local district court

Unwilling

I'm likely to get into trouble for resurrecting such an old post, but I don't see any more recent ones... and as most of it has been covered in this post I don't want to start a new thread.

My question is -
"the floor area of the extension you are now proposing and the floor area of any previous extension (including those for which you previously got planning permission) must not exceed 40 square metres. (There are also other height restrictions.)"

Does this include conservatories? Our neighbour had a small extension - and has added a conservatory. I think it might breach the 40 square meters!

Thank you

jhegarty wrote: »

From : http://www.citizensinformation.ie/categories/housing/planning-permission/planning_perm_altering_a_house


Generally, you will not need planning permission for:

* Building an extension to the rear of the house which does not increase the original floor area of the house by more than 40 square metres and is not higher than the house. The extension should not reduce the open space at the back of the house to less than 25 square metres which must be reserved exclusively for the use of the occupants of your house. If your house has been extended before, the floor area of the extension you are now proposing and the floor area of any previous extension (including those for which you previously got planning permission) must not exceed 40 square metres. (There are also other height restrictions.)
* Converting a garage attached to the rear or side of the house to domestic use so long as it has a floor area of less than 40 square metres. Building a garage at the back or side of a house so long as it does not extend out in front of the building line of the house and does not exceed four metres in height (if it has a tiled/slated pitched roof) or three metres (if it has any other roof type). This building will be exempt from planning permission once the floor area is limited to 25 square metres. Garages or sheds to the side of the house must match the finish of the house and may not be lived in, used for commercial purposes or for keeping pigs, poultry, pigeons, ponies or horses.
* Building a front porch so long as it does not exceed two square metres in area and is more than two metres from a public road or footpath. If the porch has a tiled or slated pitched roof, it must not exceed four metres in height or three metres for any other type of roof.
* Capped walls made of brick, stone or block, wooden fences but not security fences can be erected as long as they do not exceed 1.2 metres in height or two metres at the side or rear. Gates may be build provided they do not exceed 2 metres in height. Permission is always required to if you wish to widen or create new access to the public road.
* A central heating system chimney, boiler house or oil storage tank (up to 3,500 litres capacity).
* Car parking spaces, garden paths etc
* A TV aerial on the roof so long as it is less than six metres higher than the roof
* A satellite dish (up to one metre across the below the top of the roof) at the back or side of the house (a dish on the front needs planning permission). Only one dish may be erected on a house.

Mary Hairy

If it's a small extension the conservatory must be massive to bring him over the 40 square metres.

Niamhni

Hi,
really need help/advice! Our neighbours have just built an extension and it is very high. It is a ground floor extension on to a 2 storey house. My problem is as they did not need planning permission for it, (re: 40 square meters), do we not have any rights to lodge complaint?
My issue is they blocked light into my kitchen and my garden has seriously reduced sunlight? I would like my child to be able to play somewhere safe, ie my back garden but its all shade!?? Surely this is unfair?

I am very angry and upset that this can be done and I feel like we do not matter.

Thank you
Niamh

coylemj

Niamhni wrote: »

I would like my child to be able to play somewhere safe, ie my back garden but its all shade!?? Surely this is unfair?

Your back garden is less safe for your child because it's in the shade? Please explain.

Wouldn't lack of harmful UV radiation make it a more safe place for a child?

Kristopherus

Niamhni wrote: »

Hi,
really need help/advice! Our neighbours have just built an extension and it is very high. It is a ground floor extension on to a 2 storey house. My problem is as they did not need planning permission for it, (re: 40 square meters), do we not have any rights to lodge complaint?
My issue is they blocked light into my kitchen and my garden has seriously reduced sunlight? I would like my child to be able to play somewhere safe, ie my back garden but its all shade!?? Surely this is unfair?

I am very angry and upset that this can be done and I feel like we do not matter.

Thank you
Niamh

Going by your username, are you in N.I.? If so then UK building regulations will apply.

makeupurmind

Hi , I am hoping someone might be able to help!

I live in a house that is overlooked by a neighbors back door and kitchen window(on an extension) .The minute I step out on my deck,(I don't have an extension) that is directly outside my back door my neighbor is out to have a word or complain about a fence , that I paid a lot of money for ( there was no border fence before I moved in, just wire) ... (also no financial help from either side with payment) . I have asked to put up a trellis on my side of the fence, not to block light and so on and they have said they will pull it down if I put one up. But surely a trellis is ok?? I would like to build up the existing boundary wall that comes up to about 5 foot but they told me that it will block the light into their kitchen, but yet they have a huge window at the back of the building?!! The window literally looks straight onto my property and one they guy is out having a cigarette he is looking straight over at my back door and kitchen window.. Is there anyone that can give me some advice as i'm completely fed up at this point. Thanks

makeupurmind

Hi , I am hoping someone might be able to help!

I live in a house that is overlooked by a neighbors back door and kitchen window(on an extension) .The minute I step out on my deck,(I don't have an extension) that is directly outside my back door my neighbor is out to have a word or complain about a fence , that I paid a lot of money for ( there was no border fence before I moved in, just wire) ... (also no financial help from either side with payment) . I have asked to put up a trellis on my side of the fence, not to block light and so on and they have said they will pull it down if I put one up. But surely a trellis is ok?? I would like to build up the existing boundary wall that comes up to about 5 foot but they told me that it will block the light into their kitchen, but yet they have a huge window at the back of the building?!! The window literally looks straight onto my property and one they guy is out having a cigarette he is looking straight over at my back door and kitchen window.. Is there anyone that can give me some advice as i'm completely fed up at this point. Thanks

Five Lamps

makeupurmind wrote: »

Hi , I am hoping someone might be able to help!

I live in a house that is overlooked by a neighbors back door and kitchen window(on an extension) .The minute I step out on my deck,(I don't have an extension) that is directly outside my back door my neighbor is out to have a word or complain about a fence , that I paid a lot of money for ( there was no border fence before I moved in, just wire) ... (also no financial help from either side with payment) . I have asked to put up a trellis on my side of the fence, not to block light and so on and they have said they will pull it down if I put one up. But surely a trellis is ok?? I would like to build up the existing boundary wall that comes up to about 5 foot but they told me that it will block the light into their kitchen, but yet they have a huge window at the back of the building?!! The window literally looks straight onto my property and one they guy is out having a cigarette he is looking straight over at my back door and kitchen window.. Is there anyone that can give me some advice as i'm completely fed up at this point. Thanks

Is the fence on the boundary?

You do need to ask your neighbours permission to put a trellis on your side of the fence.

If you want to build a wall, you can do so on your side of the boundary.

You should get the advice of a planner and/or talk to your local council.

Royal Legend

Hi,
I have a similar issue. We built a kitchen extension to the rear of our house 9 years ago (about 23m sq) and it complied with the regulations and did not need planning permission.

A few weeks ago my neighbour started to build a similar extension, (slightly lower and not as long) he said he needed to knock part of the boundary wall, but I said that he could not do that and that his finished extension must stay within his own boundary and not cross into mine. I made a point of saying this clearly. I made this comment as his block work was very close to the boundary wall, but he said the soffet etc would be small.

He now has the structure up and roofed and lo and behold his soffett and guttering is over on my side of the boundary and is actually sitting under the eaves of my extension. I said to him the other day that what he had done is illegal as he has crossed over the boundary and that I had said this to him from day one to make sure he kept his extension within his own property and that he will now have to amend. He said he will talk to his builder.

Also worth noting is that these are terraced houses and he also seems to have done the same on the other side of the extension, but that the other property is a rented council property.

If he does not rectify this issue, what is my legal position and what steps must should I take. Note that at present we are talking and I do not want to fall out with the neighbour, but at the same time I do want the issue addressed

nuac

Mod
Sorry cannot give legal advice on this forum
Leaving open for general discussion within the rules

NUTLEY BOY

On the issue, it looks like oversailing/trespass/encroachment adverse to the adjoining property.

Options in this situation might be as follows ;

1. Do nothing. Acquiescence in the face of an encroachment will eventually constitute consent unless it is challenged.

2. Seek indemnity in the form of a monetary settlement and thus formally resolve the issue between the parties.

Bear in mind the possibilities that a putative purchaser of the affected property might be put off by whatever has been done. Also, be sure that the offending structure is not likely to cause any impairment to your property e.g. dampness or the like.

3. Get the structure reversed / modified to correct the error. This sounds a touch dramatic but the "developer" of the structure should have known full well what they were doing. Injunctions have been granted as a form of relief for dealing with such errant erections.

4. On a practical level, an informal chat with your local planning authority or even your own architect might prove fruitful in terms of getting a clear view of your actual entitlements and the neighbour's obligations without the need to engage lawyers.

5. Even if the development happens to be within the scope of planning exemption that does not confer a right to build what you want in any way you want if it comes in to conflict with the rights of immediate neighbours.

P.S. If it turns nasty or you get the indolent inertia of being ignored raise it formally with the council as they may be an interested party twice over as a planning authority and as an owner of the other affected property.

Royal Legend

NUTLEY BOY wrote: »

On the issue, it looks like oversailing/trespass/encroachment adverse to the adjoining property.

Options in this situation might be as follows ;

1. Do nothing. Acquiescence in the face of an encroachment will eventually constitute consent unless it is challenged.

2. Seek indemnity in the form of a monetary settlement and thus formally resolve the issue between the parties.

Bear in mind the possibilities that a putative purchaser of the affected property might be put off by whatever has been done. Also, be sure that the offending structure is not likely to cause any impairment to your property e.g. dampness or the like.

3. Get the structure reversed / modified to correct the error. This sounds a touch dramatic but the "developer" of the structure should have known full well what they were doing. Injunctions have been granted as a form of relief for dealing with such errant erections.

4. On a practical level, an informal chat with your local planning authority or even your own architect might prove fruitful in terms of getting a clear view of your actual entitlements and the neighbour's obligations without the need to engage lawyers.

5. Even if the development happens to be within the scope of planning exemption that does not confer a right to build what you want in any way you want if it comes in to conflict with the rights of immediate neighbours.

P.S. If it turns nasty or you get the indolent inertia of being ignored raise it formally with the council as they may be an interested party twice over as a planning authority and as an owner of the other affected property.

Thanks, much my thoughts actually. I would have no issue if I intend to stay in this property forevermore, but I was aware that if I tried to sell that this encroachment may have been a sticky point for some buyers

Royal Legend

nuac wrote: »

Mod
Sorry cannot give legal advice on this forum
Leaving open for general discussion within the rules

Apologies, worded my question wrong.

Glass fused light

Royal Legend wrote: »

Hi,
I have a similar issue. We built a kitchen extension to the rear of our house 9 years ago (about 23m sq) and it complied with the regulations and did not need planning permission.

A few weeks ago my neighbour started to build a similar extension, (slightly lower and not as long) he said he needed to knock part of the boundary wall, but I said that he could not do that and that his finished extension must stay within his own boundary and not cross into mine. I made a point of saying this clearly. I made this comment as his block work was very close to the boundary wall, but he said the soffet etc would be small.

He now has the structure up and roofed and lo and behold his soffett and guttering is over on my side of the boundary and is actually sitting under the eaves of my extension. I said to him the other day that what he had done is illegal as he has crossed over the boundary and that I had said this to him from day one to make sure he kept his extension within his own property and that he will now have to amend. He said he will talk to his builder.

Also worth noting is that these are terraced houses and he also seems to have done the same on the other side of the extension, but that the other property is a rented council property.

If he does not rectify this issue, what is my legal position and what steps must should I take. Note that at present we are talking and I do not want to fall out with the neighbour, but at the same time I do want the issue addressed

As the build has progressed so far
1) I would call in to your neigbhour and ask him to have a meeting with him, you and the builder to discuss your issues.
1a) explain to both the neighbour and builder that they have no permission to trespass or build with in the boundary of your property and follow up with a letter stating the same.
Work should stop intill an agreement is reached.
1b) If they are willing to implement a solution you are happy with (and this should be in writing as to what is agreed with drawings and a timeline) you may be able to settle the issue ASAP. The builder should be able to propose a solution and should be working on it if the neighbour has already raised the issue. I would pop over to planning and construction and read up on some of the posts on what are the appropriate solutuons and/or pay for professional advice to confirm the solution is workable.
2) as you want to remain on good terms, only if the meeting is unsuccessful go down to your local planning enforcement office with pictures and request enforcement takes a look and get them to explain how their process works. Ie do you need to make a formal written complaint. And what the likely outcome of any investigation would be.
2.1) if the property on the other side is owned by the council drop into the housing section too.
3) if not happy with enforcement, engage a solicitor and planning consultant to go down the legal route.

Royal Legend

Glass fused light wrote: »

As the build has progressed so far
1) I would call in to your neigbhour and ask him to have a meeting with him, you and the builder to discuss your issues.
1a) explain to both the neighbour and builder that they have no permission to trespass or build with in the boundary of your property and follow up with a letter stating the same.
Work should stop intill an agreement is reached.
1b) If they are willing to implement a solution you are happy with (and this should be in writing as to what is agreed with drawings and a timeline) you may be able to settle the issue ASAP. The builder should be able to propose a solution and should be working on it if the neighbour has already raised the issue. I would pop over to planning and construction and read up on some of the posts on what are the appropriate solutuons and/or pay for professional advice to confirm the solution is workable.
2) as you want to remain on good terms, only if the meeting is unsuccessful go down to your local planning enforcement office with pictures and request enforcement takes a look and get them to explain how their process works. Ie do you need to make a formal written complaint. And what the likely outcome of any investigation would be.
2.1) if the property on the other side is owned by the council drop into the housing section too.
3) if not happy with enforcement, engage a solicitor and planning consultant to go down the legal route.

Thanks for the reply. Surely the only solution is that he adjusts his extension to remain within his own boundary? From my point of view any part of his extension that comes into my property is not acceptable.

I have been and intend to continue to be as amicable as possible, but I get the impression that he will plough on regardless.

Glass fused light

Royal Legend wrote: »

Thanks for the reply. Surely the only solution is that he adjusts his extension to remain within his own boundary? From my point of view any part of his extension that comes into my property is not acceptable.

I have been and intend to continue to be as amicable as possible, but I get the impression that he will plough on regardless.

If that is the resolution you want then the way the roof line is finished is a construction issue which the builder should be able to solve, but it's likely to cost money as it would have to be totally redesigned. Time + materials = money.

If your bottom line is that it's not happening, amicable is dangerous. I am not suggesting you turn up with a new chainsaw or knocking ball but the neighbour needs to understand that its not happening, with no uncertain, no fluffy language and no offer of compromise.

Imo The meeting will do a few things
1 allow you to gauge if your neighbour is serious about accommodating your demands ie will he pay the builder to make the changes?
2 inform the builder that he is on the hook too in any future legal battle as you will be taking him to court along side the neigbhour for the trespass etc. A clever builder will most likely tell the homeowner to come back to them when you both agree a solution (That's why you should have a prepared a "letter before action" warning for each).
3 allow you to gauge the character of the builder and estimate if you will be coming back from work to a find a finished job.
4 avail of the builders knowledge to see what the alternative construction will be and which is best /feasible to implement. Hopefully the builder has all ready been instructed and is going to make the change. ( Its a bit late on this I would have been wary of a design which ended up with a small gap between your two properties to begin with as it may end up as a dirt collection trap and an area neither of you can maintain)

I would call in in the morning and see if you can catch both on site.
The meeting should give you a very good indication if the plan is to plough on regardless. I am sure you don't care how it is done but if neither will discuss or commit to a specific plan you have your answer. But gives your neigbhour a chance to redeem themselves.

If you are not happy the next stop is seeing how fast your can get Enforcement out, ie to be exempt generally if someone is developing without planning they need to have permission of the landowner and abide by the rules. The council may not wish to go legal so you need to understand their process and if and how you can achieve quick enforcement. Remember it cheaper for them to let you do the legal legwork.

And don't forget to report it to the head of housing either.

You could as a temporary measures fix something to your roof line and/or erect barrier fence on the boundary to prevent the trespass, plus removal and damage becomes a legal and prehaps a criminal issue. It dose not have to be pretty or cost a lot.

The most expensive option will be the legal one and you have no chance of keeping the neighbour on side. You won't want to go down this road but need to make it clear by pointing out that this is where it's heading and the potential costs involved.

Royal Legend

Glass fused light wrote: »

If that is the resolution you want then the way the roof line is finished is a construction issue which the builder should be able to solve, but it's likely to cost money as it would have to be totally redesigned. Time + materials = money.

If your bottom line is that it's not happening, amicable is dangerous. I am not suggesting you turn up with a new chainsaw or knocking ball but the neighbour needs to understand that its not happening, with no uncertain, no fluffy language and no offer of compromise.

Imo The meeting will do a few things
1 allow you to gauge if your neighbour is serious about accommodating your demands ie will he pay the builder to make the changes?
2 inform the builder that he is on the hook too in any future legal battle as you will be taking him to court along side the neigbhour for the trespass etc. A clever builder will most likely tell the homeowner to come back to them when you both agree a solution (That's why you should have a prepared a "letter before action" warning for each).
3 allow you to gauge the character of the builder and estimate if you will be coming back from work to a find a finished job.
4 avail of the builders knowledge to see what the alternative construction will be and which is best /feasible to implement. Hopefully the builder has all ready been instructed and is going to make the change. ( Its a bit late on this I would have been wary of a design which ended up with a small gap between your two properties to begin with as it may end up as a dirt collection trap and an area neither of you can maintain)

I would call in in the morning and see if you can catch both on site.
The meeting should give you a very good indication if the plan is to plough on regardless. I am sure you don't care how it is done but if neither will discuss or commit to a specific plan you have your answer. But gives your neigbhour a chance to redeem themselves.

If you are not happy the next stop is seeing how fast your can get Enforcement out, ie to be exempt generally if someone is developing without planning they need to have permission of the landowner and abide by the rules. The council may not wish to go legal so you need to understand their process and if and how you can achieve quick enforcement. Remember it cheaper for them to let you do the legal legwork.

And don't forget to report it to the head of housing either.

You could as a temporary measures fix something to your roof line and/or erect barrier fence on the boundary to prevent the trespass, plus removal and damage becomes a legal and prehaps a criminal issue. It dose not have to be pretty or cost a lot.

The most expensive option will be the legal one and you have no chance of keeping the neighbour on side. You won't want to go down this road but need to make it clear by pointing out that this is where it's heading and the potential costs involved.

Met the neighbour this afternoon, he is going to amend to pull the structure back over his side of the boundary. He said he will sort it next week, so watch this space.