Overhanging eaves /guttering

Newuser12345

I am not seeking legal advice but more options

Neighbours gutter overhangs my property by about foot. He built up to boundary line

This has been like this since before I moved in and I reckon its in place for about 11.5 years.
He received planning but I cant view the plans online or see if he had permission from previous owners

He is objecting to some building work I am planning.

If my planning is refused I might consider selling

I want
1) To know who should I consult about this, Planning department, Solicitor etc
2) Would informing him legally jeopardise any future sale, as I would

Pat Mustard

Newuser12345 wrote: »

He received planning but I cant view the plans online or see if he had permission from previous owners

You can call in to the planning office and check the planning permissions.

Newuser12345 wrote: »

He is objecting to some building work I am planning.

If you want to know about planning permission, you may receive general advice if you make an appointment to speak to someone in the planning department. They may be able to advise you in relation to exempt developments, in case your works will fall into that category. Failing that, depending on the scale of the works, you could either get recommendations for an engineer/architect who carries this type of work or you could hire a planner.

Newuser12345 wrote: »

If my planning is refused I might consider selling

Solicitor.

Newuser12345 wrote: »

Would informing him legally jeopardise any future sale, as I would

This sentence does not make sense. You might explain.

billy few mates

Would informing him legally jeopardise any future sale, as I would

This sentence does not make sense. You might explain.

I think what he means is, if he were to engage in any legal proceedings with the neighbour he might have to declare this to any potential buyer...

BryanF

Newuser12345 wrote: »

I am not seeking legal advice but more options

Neighbours gutter overhangs my property by about foot. He built up to boundary line

This has been like this since before I moved in and I reckon its in place for about 11.5 years.
He received planning but I cant view the plans online or see if he had permission from previous owners

He is objecting to some building work I am planning.

If my planning is refused I might consider selling

I want
1) To know who should I consult about this, Planning department, Solicitor etc
2) Would informing him legally jeopardise any future sale, as I would

1. first find out the planning number, the grant date & the expiry date for the extension. (it may have been exempt, but obviously overhanging eaves should not have been constructed) armed with that info contact the planning enforcement department. 11.5 years (if the time frame is post 7 years instu from expiry date) will likely mean that no reinforcement proceedings will take place.
2. I don't understand the second question, but would suggest the best thing to do here is look for an amicable solution to construct your extension.

reading between the lines, & IMHO you will not get satisfication from planning department (or legal route) as regards the neighbours overhanging eaves. best to employ a good architect and move on.

btw the time to kick up about the overhanging eaves was when you were purchasing the house

seagull

I'm amazed whoever did the survey and your solicitor didn't comment on the overhanging eaves and advise you to walk away at the start.

Victor

Is this your land law homework?

You need to talk to a solicitor. Possibly the one you used to buy the property.

You need to consider:
* Can an eaves be occupied?
* Can you alter the eaves without their permission?
* How do they maintain the eaves?

He received planning but I cant view the plans online

Ask the council to retrieve the planning file - possible €20-30 fee. There may be a microfiche copy.

He is objecting to some building work I am planning.

Objections only work if they have merit.

1) To know who should I consult about this, Planning department, Solicitor etc

Both, and architect / town planning consultant.

Johnboy1951

Strangely I came across this very problem recently in a property I viewed.
As I did not purchase I had no cause to seek advice ..... but am interested in the procedure and outcome in this situation because of that.

RORY O CONNOR

Ring the council and tell them the extension is unauthorised development but under the planning and development Act 2000 under the 7 year rule they can do nothing. You can always write to him requesting the removal of the gutters.

nuac

1. An overhang of a foot is a lot for a gutter.

2. Yes, after seven years of the breach planning enforcement proceedings may not issue.

3. Have the planning file checked to see if your neighbour is compliant with all ongoing conditions e.g. to use a particular structure as a car garage only. If there is a continuing breach of such a condition the above seven year limitation periond may not apply. If there is such a breach it may be easier to talk to your neighbour

4. Even if he got planning permission to build out over your property - which is unlikely - the fact that he has pl. permission does not of itself entitle him to trespass on your property.

5. Talk to your solicitor now, as there are some significant time limits in these matters.