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Planning exempt but worried

  • 31-01-2015 8:37pm
    #1
    Registered Users, Registered Users 2 Posts: 15


    Hi all

    We are building an extension - single story, lean to roof, 24 square metres, loads of garden left so planning exempt.

    BUT... there is an old shed in the garden that will have to be knocked to allow us to build the extension and unfortunately it is connected to the neighbour's shed. There is a wall between us but the sheds share a roof so it looks like one structure. It's not very big - old coal bunker

    We've spoken to the neighbour about the extension. They are not very happy as it will impact their light a bit. I am afraid that the shed will give them leverage to stop the extension being built.

    Any advice?

    We have been as nice as you can be. Told them all our plans and assured them that the roof of their shed etc will be neatly finished or replaced if necessary .

    Help! I am very nervous and we need to get started asap.

    We will not build against the boundary wall.

    Thanks for your help.


Comments

  • Registered Users, Registered Users 2 Posts: 13,155 ✭✭✭✭Calahonda52


    land and conveyancing act 2009. Sect 43 through 47

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 15 half_baked


    land and conveyancing act 2009. Sect 43 through 47

    Thank you... would you mind translating some of that for me?


  • Registered Users, Registered Users 2 Posts: 13,155 ✭✭✭✭Calahonda52


    1, they cannot stop u working on ur own sideu msde need a works order
    You must leave them in same way as u found them.
    They can bill u for reasonable cost of professional advice.
    Thry can bill u for any damage caused by your work on your shed.
    You can bill them for any improvements.
    So
    Plenty old fashioned printed pics of existing, not digital, not accepted in court.
    Figure out what you are going to do to remove the shed on ur side without damaging theirs.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,747 Mod ✭✭✭✭DOCARCH


    Even though your proposed extension may be exempt, you will need planning permission to knock the shed (as it is a shared structure).

    You need planning permission to demolish:
    a) A habitable house.
    b) A building which forms part of a terrace of buildings (these can be any type of buildings
    i.e. shops, offices).
    c) A building which abuts another building in separate ownership.

    Schedule 2 (Part 1) Class 50. Planning & Development Regulations 2001.


  • Registered Users, Registered Users 2 Posts: 13,155 ✭✭✭✭Calahonda52


    OP, my experience, in both FCC and DLRD, is that where the structure in question is not attached to any part of a habital dwelling the 2009 Act works, hence my post.
    However you should check with ur planners as per DOARCH's input.
    In a case like yours, we built a new wall inside on my clients side and didnt touch the ridge tile or the first tile down on clints side so ther was no non visual impact on neighbours.
    Mske sure if it is really old that there is no asbestos containing material in play in the shed

    “I can’t pay my staff or mortgage with instagram likes”.



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  • Registered Users, Registered Users 2 Posts: 15 half_baked


    OP, my experience, in both FCC and DLRD, is that where the structure in question is not attached to any part of a habital dwelling the 2009 Act works, hence my post.
    However you should check with ur planners as per DOARCH's input.
    In a case like yours, we built a new wall inside on my clients side and didnt touch the ridge tile or the first tile down on clints side so ther was no non visual impact on neighbours.
    Mske sure if it is really old that there is no asbestos containing material in play in the shed

    There is asbestos in the shed roof...


  • Registered Users, Registered Users 2 Posts: 13,155 ✭✭✭✭Calahonda52


    I guessed as much :)

    Leaving the issue of planning aside for now, this puts u in a different world of hurt because ther are very strict regs re dealing with ACM. Look at hsa.ie .As its an adjoining structure you can be sure your neighbours will be all over you like a rash so one bold idea is you offer to re roof their side as part of the project. Under the 2009 Act u could look for a contribution as u have enhanced their property.
    It will be impossible to remove it just on ur side without touching the ridge tile.
    Whoever u get must kniw the rules for ACM as its clear from the rules that u carry the can ascwell as the contractor

    Its all doable, planning included

    “I can’t pay my staff or mortgage with instagram likes”.



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