Land/Property Law

dmy1001

does anybody know if there are laws relating to what people can do with their own property and garden/lands. What I want out is if anybody can raise or lower their land substantially without consultation with council or neighbours......or are there any such laws that would cover this area?

Any pointers appreciated

dermot_sheehan

Carrying out development or a material change of use to a piece of property requires planning permission under the planning and development act unless exempted.

networks

as a farmer i can raise the raise the level of my field with topsoil to give it more workable surface for crops etc and to improve drainage without permission,but it is my land after all!!!

dermot_sheehan

s. 3(1) PDA 2000

In this Act, “development” means, except where the context otherwise requires, the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land.


“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure

s. 4(1)
4.—(1) The following shall be exempted developments for the purposes of this Act—
(a) development consisting of the use of any land for the purpose of agriculture and development consisting of the use for that purpose of any building occupied together with land so used;

Victor

Materially raising or lowering the level of the ground near boundaries such that it affects the stability of a neighbours land or the flow of water or affect safety, etc. may also be actionable under various headings.

pirelli

networks wrote: »

as a farmer i can raise the raise the level of my field with topsoil to give it more workable surface for crops etc and to improve drainage without permission,but it is my land after all!!!

Although you would have to pay damages if you raise your land in such a way that it causes a diversion of say water that in turn causes flooding of your neighbours land.