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New extension

  • 24-10-2011 3:12pm
    #1
    Registered Users, Registered Users 2 Posts: 1,819 ✭✭✭


    I'm looking at building a new side extension on my house. The house is a one storey bungalow, and the extension will be roughly 18msq (3x6) and will run from around the halfway point in the building out to the line of the back. The house isn't overlooked or overlooking anything.

    I have had conflicting advise on whether I need planning permission for this.

    One guy told me that because it's less than 25msq and not coming out past the front of the house it's exempt. Whereas another guy told me that pp is necessary as it's going to be used as a living area, but he advised me to build anyway as if I'm building a side garage then apply for pp for a change of use for the building as garages are exempt and this won't delay the project.

    Any advise/help appreciated


Comments

  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Dotsey wrote: »
    I'm looking at building a new side extension on my house. The house is a one storey bungalow, and the extension will be roughly 18msq (3x6) and will run from around the halfway point in the building out to the line of the back. The house isn't overlooked or overlooking anything.

    I have had conflicting advise on whether I need planning permission for this.

    One guy told me that because it's less than 25msq and not coming out past the front of the house it's exempt. Whereas another guy told me that pp is necessary as it's going to be used as a living area, but he advised me to build anyway as if I'm building a side garage then apply for pp for a change of use for the building as garages are exempt and this won't delay the project.

    Any advise/help appreciated
    you want to extend to the side of the house, employ an arch or arch tech to advise you, from your post you need planning

    http://www.irishstatutebook.ie/2001/en/si/0600.html#part2 see schedule two


  • Registered Users, Registered Users 2 Posts: 23 sotoole1


    Dotsey wrote: »
    I'm looking at building a new side extension on my house. The house is a one storey bungalow, and the extension will be roughly 18msq (3x6) and will run from around the halfway point in the building out to the line of the back. The house isn't overlooked or overlooking anything.

    I have had conflicting advise on whether I need planning permission for this.

    One guy told me that because it's less than 25msq and not coming out past the front of the house it's exempt. Whereas another guy told me that pp is necessary as it's going to be used as a living area, but he advised me to build anyway as if I'm building a side garage then apply for pp for a change of use for the building as garages are exempt and this won't delay the project.

    Any advise/help appreciated
    It may be a case of Exempt Development. Contact your local councils planning office in person with a few photos of your house and were you intend to build. The staff are very helpful in my experience.
    Dont contact an architect before you do this,I am builder and I come accross were people have paid for drawings where there was no need .
    Architects will never say no to a fee and if you ring one you will never get a straight answer.
    Worst case is you will have to submit a drainage plan ,which any builder will draw up. What council do you come under?


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    sotoole1 wrote: »
    Dont contact an architect before you do this,
    if that was where this statement finished, that would have been fair enough..
    sotoole1 wrote: »
    I am builder and I come accross were people have paid for drawings where there was no need.
    how do you know?
    sotoole1 wrote: »
    Architects will never say no to a fee and if you ring one you will never get a straight answer.
    I thought I gave a straight answer to the OP?
    sotoole1 wrote: »
    Worst case is you will have to submit a drainage plan ,which any builder will draw up...
    OP, the worst case is you could have to knock down an unauthorised development.. and said builder will certainly be hanging around to apologise and give you back your money..


  • Registered Users, Registered Users 2 Posts: 23 sotoole1


    After getting advice from the council in question all will be clear .Read the post and take all on board fool.


  • Registered Users, Registered Users 2 Posts: 622 ✭✭✭Corkblowin


    sotoole1 wrote: »
    Architects will never say no to a fee and if you ring one you will never get a straight answer.

    Who turns down a fee? It's their livelihood! Do you expect to be able to ring any professional for advice & not be charged for their time? Plus itd be a foolish person to give an absolute answer based on a description over the phone.

    In fact in the last month I've done myself out of work when approached regarding whether development was exempt. In both cases (which admittedly weren't typical situations) I inspected the site and was able to write a letter describing why the development was exempt from the requirement to apply for planning permission, costing only a couple of hundred euro. For this the clients were excused the need to pay for a planning ad, planning fees, get a planning application put together, the requirement to wait 3 months to start, and had a piece of paper to show to anyone querying their build. I'd say it was money well spent.

    I also recommended they get drawings done up to minimise the chances of errors - don't know if either are doing that.

    Any professional with integrity is not going to have a client spend money unnecessarily.


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  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    sotoole1 wrote: »
    After getting advice from the council in question all will be clear .Read the post and take all on board fool.
    sotoole1, your welcome to attack my profession but there's no need to attack me personally..

    Exempted Development is covered in the link I attached when I suggested the OP seek professional advice, here's the first line:
    The extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house.
    the OPhas stated:
    Dotsey wrote: »
    I'm looking at building a new side extension on my house.
    & goes on to state
    it's going to be used as a living area
    my reading of the legislation is that a side extension requires planning permission. unless as the OP states (and by 'he' I presume 'a builder')
    he advised me to build anyway as if I'm building a side garage then apply for pp for a change of use for the building as garages are exempt
    this is illegal and but typical of your industry. now before you come back with one of your elegant responses have read of this http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2 and let me know what you think.
    As Corkblowin has reiterated, getting a professional out to look at the actual situation may save you money in the long run.


  • Registered Users, Registered Users 2 Posts: 23 sotoole1


    Corkblowin wrote: »
    Who turns down a fee? It's their livelihood! Do you expect to be able to ring any professional for advice & not be charged for their time? Plus itd be a foolish person to give an absolute answer based on a description over the phone.

    In fact in the last month I've done myself out of work when approached regarding whether development was exempt. In both cases (which admittedly weren't typical situations) I inspected the site and was able to write a letter describing why the development was exempt from the requirement to apply for planning permission, costing only a couple of hundred euro. For this the clients were excused the need to pay for a planning ad, planning fees, get a planning application put together, the requirement to wait 3 months to start, and had a piece of paper to show to anyone querying their build. I'd say it was money well spent.

    I also recommended they get drawings done up to minimise the chances of errors - don't know if either are doing that.

    Any professional with integrity is not going to have a client spend money unnecessarily.
    So you wrote a letter for a couple of hundred euro.
    God bless you. I hope you felt good after that.


  • Registered Users, Registered Users 2 Posts: 23 sotoole1


    BryanF wrote: »
    sotoole1, your welcome to attack my profession but there's no need to attack me personally..

    Exempted Development is covered in the link I attached when I suggested the OP seek professional advice, here's the first line:
    the OPhas stated: & goes on to state my reading of the legislation is that a side extension requires planning permission. unless as the OP states (and by 'he' I presume 'a builder') this is illegal and but typical of your industry. now before you come back with one of your elegant responses have read of this http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2 and let me know what you think.
    As Corkblowin has reiterated, getting a professional out to look at the actual situation may save you money in the long run.

    I take your points as valid but not all from reading the above Bryanf but the OP is getting advice from 2 different sides. And from all you share you don't seem to like that.


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    sotoole1 wrote: »
    I take your points as valid but not all from reading the above Bryanf but the OP is getting advice from 2 different sides. And from all you share you don't seem to like that.
    No, i don't like that type of advice, not when its misleading, from unqualified tradesmen, and backed up with a line from the A-team;)


  • Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    sotoole1 wrote: »
    After getting advice from the council in question all will be clear .Read the post and take all on board fool.
    1 week ban for personal abuse. It wont be tolerated here.


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  • Registered Users, Registered Users 2 Posts: 622 ✭✭✭Corkblowin


    sotoole1 wrote: »
    So you wrote a letter for a couple of hundred euro.
    God bless you. I hope you felt good after that.

    Felt grand thanks - was approached to make 2 planning applications if necessary & was able to deem they weren't after doing some research on case law & my knowledge of the planning act & regulations.

    I feel like I'm being trolled here btw.


  • Registered Users, Registered Users 2 Posts: 39,901 ✭✭✭✭Mellor


    BryanF wrote: »
    No, i don't like that type of advice, not when its misleading, from unqualified tradesmen, and backed up with a line from the A-team;)
    Actually both pieces of advice, as detailed, in the OP were wrong.

    The limit is 40sq.m not 20.
    It apples to the rear not the side.
    Garages are exempt but a change of use would not be required.
    THe garage must be finished before it can be converted. So there is a cost involved there.


  • Registered Users, Registered Users 2 Posts: 120 ✭✭PaudyW


    the extension will need planning and i find it hard to understand why you would build a garage and then go for change of use, it would be quicker, less hassle and cheaper to apply for planning for extension as you want, and be done with it


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    sotoole1 wrote: »
    So you wrote a letter for a couple of hundred euro.
    God bless you. I hope you felt good after that.

    A couple of hundred euro is far too little for such a letter. If the situation is complex, there is the possibility of a mistake being made. If a neighbour or the council take enforcement proceedings, will those householders be content with their couple of hundred euro back or will they sue for breach or retainer, negligence and breach of contract as well as seeking damages for loss damage inconvenience and expense?
    The letter will also have to be produced on the sale of the house.
    In many ways it is better to apply for planning permission even if a development is exempt. Drawings will have to be drawn up and validated. This often catches elementary errors. Once permission is granted there is no room for argument after, whereas with exempt development there is always a requirement to prove it was exempt long into the future.


  • Registered Users, Registered Users 2 Posts: 39,901 ✭✭✭✭Mellor


    PaudyW wrote: »
    the extension will need planning and i find it hard to understand why you would build a garage and then go for change of use, it would be quicker, less hassle and cheaper to apply for planning for extension as you want, and be done with it
    If for what ever reason, a person felt that permission wasn;t going to be granted or conditions attached. Then building and completing a garge, then converting to a habitable room avoids this. Change of use is not needed.

    Persoanll,y i think planning is a far easier route.
    A couple of hundred euro is far too little for such a letter. If the situation is complex, there is the possibility of a mistake being made. If a neighbour or the council take enforcement proceedings, will those householders be content with their couple of hundred euro back or will they sue for breach or retainer, negligence and breach of contract as well as seeking damages for loss damage inconvenience and expense?
    The letter will also have to be produced on the sale of the house.
    The letter in question is part of a section 5 application, as an architects, or Architectural technician on exemption has no legal standing alone.
    So, even if there was a mistake, their is no risk of enforcement, being sued for losses, and its the declaration that would be produced on sale, not the letter.
    So basically everything above is false. The letter is rather simple, ans should cost much.
    In many ways it is better to apply for planning permission even if a development is exempt. Drawings will have to be drawn up and validated. This often catches elementary errors. Once permission is granted there is no room for argument after, whereas with exempt development there is always a requirement to prove it was exempt long into the future.
    Validation cathes validation errors. Not design errors. Drawigns shoudl be produced regardless.
    There is no requirement to prove exemption long into the future. If anything, the requirement to prove compliance with planning is greater.


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