Extending a house while under construction - the implications

rocksby

If the extension is completly to the rear it is exempted development (and you havent reduced open space requiremnts etc).
You should apply for a section 5 referral and get them to officially declare there view on it. This takes 4 weeks and costs €80. If they declare it is development (which they wont) and requires permission you can appeal that to the Board. This is a link to the application form

http://www.wicklow.ie/Apps/WicklowBeta/Planning/PlanningForms.aspx

DOCARCH

@ rocksby. Yes, but an exempt development can only be carried out to an existing house - so in the OPs case, the house as granted would have to be complete first, before the exempt development can be carried out/constructed.

Maybe it was? Thus the reason for my queries above.

There are varying definitions of completion but usually the house must be watertight and habitable.

rocksby

The Regs doesnt say 'existing' house so a planning authority would have a lot of difficulty stating it is not exempt and justifying it with legislation.

DOCARCH

rocksby wrote: »

The Regs doesnt say 'existing' house so a planning authority would have a lot of difficulty stating it is not exempt and justifying it with legislation.

Hmmm. Mute point. In one way you are correct, it does say 'a house' (without the existing bit) but from my reading of exempt development it really does infer/mean that the house has to exist (first) before an exempt development is carried out.

To challange that I suspect you would have to go to An Bord Pleanala with a refferal on that one. I'd be very surprised if this has not been addressed before by refferal to ABP and I suspect that it would be found not be exempt if the exempt development was built at the same time as the house.

muffler

A few posts above moved from the planning issues thread to allow for wider debate.

sydthebeat

rocksby wrote: »

The Regs doesnt say 'existing' house so a planning authority would have a lot of difficulty stating it is not exempt and justifying it with legislation.

a house doesnt exist until it is used as a house. check the definitions in the statute books. Also, an 'extension' can only exist when it is installed against an existing building. You cannot 'extend' nothing.

This is not an unusual situation and it has been borne out many times that you cannot add an "exempted" extension to a dwelling while building the dwelling in the first place. And believe me, the planing authority has absolutely no difficulty in justifying that position.

muffler

rocksby wrote: »

The Regs doesnt say 'existing' house so a planning authority would have a lot of difficulty stating it is not exempt and justifying it with legislation.

The regs dont and shouldn't have to spell out the exact dictionary definition of the word house. I think all reasonable people will recognise that the "house" referred to in the exemptions means an existing house.

Would you ask someone to paint an existing house, to visit you in your existing house, to clean the windows in your existing house? etc etc etc

martinn123

Why someone might want to do this , makes little sense

having submitted a planning application, why would you want to ''extend the home''. Put the ''extention'' on the original application.

That way you still have the 40 SqM for an exempted development available, where as the other way,( and it's against the Rules, ) the 40 SqM available is partly or completely used up.

muffler

martinn123 wrote: »

why would you want to ''extend the home''. Put the ''extention'' on the original application.

One situation is in relation to development contributions for example. Here in Donegal the levies are based on the size of the proposed house obviously but are in 3 different categories - under 160m2, 160m2 - 200m2 and over 200m2.

I have done work for clients before where the house is maybe around 190 - 199 m2 and they are considering a sun room to the rear. By including the sunroom will push the house over the 200m2 barrier thus incurring an additional €3000 in contributions.

That's just one scenario.

martinn123

muffler wrote: »

One situation is in relation to development contributions for example. Here in Donegal the levies are based on the size of the proposed house obviously but are in 3 different categories - under 160m2, 160m2 - 200m2 and over 200m2.

I have done work for clients before where the house is maybe around 190 - 199 m2 and they are considering a sun room to the rear. By including the sunroom will push the house over the 200m2 barrier thus incurring an additional €3000 in contributions.

That's just one scenario.

Fair point,

so is the question, at what point would an Architect, and the LA be happy with the addition of say your Sunroom.
It it from the commencment of works, or completion of the Sunroom.

For example if the Sunroom was not completed, until after the house was occupied, say all bar the windows, or the last few glass units, in a Conservatory roof, and they were fitted later would you be happy to Certify? would the LA be on-side?

sinnerboy

martinn123 wrote: »

For example if the Sunroom was not completed, until after the house was occupied, say all bar the windows, or the last few glass units, in a Conservatory roof, and they were fitted later would you be happy to Certify? would the LA be on-side?

No and in my opinion , no.

Finish the house - as granted permision. Live in it. Then extend it.