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Legislation related to demolision of derelict

  • 16-10-2014 8:20pm
    #1
    ArraMusha
    Registered Users, Registered Users 2 Posts: 589 ✭✭✭


    Is there any legislation that allows for the demolition of a derelict house and the build of a new house on the same site?

    Most county dev 'plans' have 'guidelines' and state a preference to 'extend or renovate' the derelict, or build on part of the footprint etc. But is there any law (SI) that allows 'a house for a house'?


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,337 Mod ✭✭✭✭Gumbo


    ArraMusha wrote: »
    Is there any legislation that allows for the demolition of a derelict house and the build of a new house on the same site?

    Most county dev 'plans' have 'guidelines' and state a preference to 'extend or renovate' the derelict, or build on part of the footprint etc. But is there any law (SI) that allows 'a house for a house'?

    Demolition and rebuilding requires planning permission and then subsequent lodgement of a commencement notice under the new building control amended regulations. Just gone through something similar in Dublin city.


  • #3
    ArraMusha
    Registered Users, Registered Users 2 Posts: 589 ✭✭✭ArraMusha


    kceire wrote: »
    Demolition and rebuilding requires planning permission and then subsequent lodgement of a commencement notice under the new building control amended regulations. Just gone through something similar in Dublin city.

    Yes I assume planning permission is required, but is there any statue instrument related to allowing replacement of a old un-inhabitable house with a new modern house?


  • #4
    sydthebeat
    Subscribers Posts: 42,165 ✭✭✭✭sydthebeat


    ArraMusha wrote: »
    Yes I assume planning permission is required, but is there any statue instrument related to allowing replacement of a old un-inhabitable house with a new modern house?

    No


  • #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,337 Mod ✭✭✭✭Gumbo


    ArraMusha wrote: »
    Yes I assume planning permission is required, but is there any statue instrument related to allowing replacement of a old un-inhabitable house with a new modern house?

    Nope. just had it confirmed by a City Council Planning Enforcement Officer.


  • #6
    galwaytt
    Registered Users, Registered Users 2 Posts: 12,820 ✭✭✭✭galwaytt


    ...well there is a precedent for a 'replacement dwelling' that went to ABP a few years ago.........I'd have to search.

    It won't let you go out and build without permission, but it does establish that permission could not be denied for a building situate where the former was, hence 'replacement dwelling'.

    You'll still have paperwork to do, I'm afraid, along with all the BCMS stuff as well.


    There is also the material fact that for some old stuff it simply is not possible to rebuild/renovate and be in compliance with building regs, as would be required by new works.
    Foundations - depths, type etc. would be but one area. And engineer is not going to sign off a rebuild of (say) a 1940's house on it's foundations if they don't comply with current regs. There's only one option then, the nuclear one...........

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