Mechanic working next door - please help

Anna323

Hi to everyone, I was wondering if you could help, not sure if I am posting in the right area.

So I live in a very quiet cul de sac. A few years ago the house next to me was put up for sale and of course we got new neighbours....all was ok for a while...little did I know that the neighbour was a mechanic...and he started running his business from home...initially I had no issues as there were only 2/3 cars parked on his drive way, and he would work on them and then probably sell or return to their owners. Lately.... well lately I counted 10 cars which take up all the available spaces. Meaning that no one can come and visit as they wont really have anywhere to park....he actually has a car parked right in front of my garden - I am looking at his cars...

Besides the fact that he works on them, he leaves all the rusty car parts in his garden - making a complete mess - and might I also add one of his cars is parked on a part of my front garden - he actually parked on my flowers (I haven't said anything to him yet about that).

A week ago I caught about 20 lads breaking into his cars...and I texted him and asked him nicely to remove the cars as now they are becoming a nuisance and an issue to people living on this road - he said sure I will remove all in 2 weeks. I tried to explain to him that we are afraid and I don't want my cars being broken into he said to me " well you have car insurance don't you" aggghhhh

I also advised him that I informed the Gardai about the vandalism - he says " well the Gardai wont do anything"

Fair enough - but the Council will - how long after a complain is put in does it take the Council to act on the complaint?

Does anyone else know what I can do? Of course I shall put a wall between me and him as I don't want his cars ending up in my front garden...

Lets not mention the noise he makes after 6 pm and the amount of people waiting on their cars being fixed- yes I have photos, videos etc etc etc

PLEASE HELP

seamusk84

Doubt he is paying tax on the sale and/or repairs of half the cars. I'd tip off revenue to say you think he is selling and doing work on a lot of cars from his home, and don't think it is being declared.
At the very least he will get a full audit and might end up with large fines. Believe me that would curtail the activity at his house.

Anna323

Thank you so much, I am at the end of my powers with him...he is a foreign guy - not that it matters - maybe he is not aware of the rules in Ireland.

<Mod Snip - not within the remit of this forum>

Btw I have sent a complaint to the Council

Stheno

Anna323 wrote: »

Thank you so much, I am at the end of my powers with him...he is a foreign guy - not that it matters - maybe he is not aware of the rules in Ireland.

<Mod Snip - not within the remit of this forum>

I don't think there are rules/laws such as you are referring to that prevent him working from his house

seamusk84

Anna323 wrote: »

Thank you so much, I am at the end of my powers with him...he is a foreign guy - not that it matters - maybe he is not aware of the rules in Ireland.

<Mod Snip - not within the remit of this forum>

Yup it should do the job alright, esp if he is on social welfare too. You can email the Central Investigations Branch here - ceib@revenue.ie. Or via phone at 01 8277500.
Link here:http://www.revenue.ie/en/contact/investigations-prosecutions-division.html

seamusk84

Stheno wrote: »

I don't think there are rules/laws such as you are referring to that prevent him working from his house

It is about the fact that he is most likely not declaring the revenue from the work. Not about where the work takes place.
Also if he is on social welfare it becomes a very serious matter.

<Mod Snip - not within the remit of this forum>

Stheno

seamusk84 wrote: »

It is about the fact that he is most likely not declaring the revenue from the work. Not about where the work takes place.
Also if he is on social welfare it becomes a very serious matter.

Although the whole beating his wife thing - Should really contact the Gaurds about that too.

Yes but if he is not claiming welfare and is on track with revenue there is very little op can do

<Mod snip>

Arbiter of Good Taste

seamusk84 wrote: »

It is about the fact that he is most likely not declaring the revenue from the work. Not about where the work takes place.
Also if he is on social welfare it becomes a very serious matter.

<Mod Snip - not within the remit of this forum>

And if he's not properly insured to carry on that business from his home....

Forest Demon

Does he own the house or is he renting?

FobleAsNuck

Stheno wrote: »

I don't think there are rules/laws such as you are referring to that prevent him working from his house

no insurance company will offer him public liability insurance if he's working car business from home

Anna323

I would not get involved in a domestic to be honest with you. I am actually afraid of him myself - he is a very big guy.
I was scared having to approach him and ask him nicely to remove the cars, let alone mention anything about the thin walls. If the wife has a problem she can complain herself, the Gardai from what I know don't get involved in domestics.

I have a problem with the mess he makes plus the amount of cars parked outside and the illegality of the whole business which is run from this residential address.

Anna323

he bought the house a few years ago.

Stheno

Anna323 wrote: »

I would not get involved in a domestic to be honest with you. I am actually afraid of him myself - he is a very big guy.
I was scared having to approach him and ask him nicely to remove the cars, let alone mention anything about the thin walls. If the wife has a problem she can complain herself, the Gardai from what I know don't get involved in domestics.

I have a problem with the mess he makes plus the amount of cars parked outside and the illegality of the whole business which is run from this residential address.

The guards do get involved in domestics and you don't actually know his business is illegal, plenty of people run businesses from their homes

<Mod snip>

Bigcheeze

Stheno wrote: »

Yes but if he is not claiming welfare and is on track with revenue there is very little op can do

Wrong. Running the business from the house is a change of use under planning laws and requires planning permission. There is no way that he'll get planning permission for a business that involves parking 10 cars around his house.

Op the proper way to deal with this is to approach the planning dept of your local council.

Stheno

Bigcheeze wrote: »

Wrong. Running the business from the house is a change of use under planning laws and requires planning permission. There is no way that he'll get planning permission for a business that involves parking 10 cars around his house.

Op the proper way to deal with this is to approach the planning dept of your local council.

That might be an option true. Didn't think of that. Do e.g doctors who run surgeries from their houses need to do this too?

bjork

you have two options. Firstly you can take photographs of the unauthorised development and contact the Enforcement Department of your local Council and make a formal complaint. They will send out an inspector and will serve an enforcement notice on your neighbour requiring him or her to cease the unauthorised use of the property.

Secondly if the local authority are unduly slow about this you can go to your own solicitor about seeking an injunction against your neighbour from carrying out his unauthorised development.
http://www.bporco.ie/live/newstalk/616.html



^^Just found this googling

athtrasna

Stheno please remember the charter, attack the post not the poster. Any more posts berating the OP will result in further sanctions

Stheno

athtrasna wrote: »

Stheno please remember the charter, attack the post not the poster. Any more posts berating the OP will result in further sanctions

Apologies

Anna323

thank you Bjork - I found something similar - I have made a complaint to the Council, plus not I am thinking about the Revenue....the social welfare will be informed also.

porsche boy

Just for clarification you don't need planning permission for a business if the garage/structure was part of the property when he bought it.
Secondly insurance companies will give public liability for businesses run from home if such building meets requirements, but there isnt a need for public liability insurance if he states that the public won't be invited to enter the building or garage.
Finally it's just presumptuous to assume he's not vat registered or running a legitimate business as a sole trader unless you've checked on solocheck.ie under his name. Are you presuming because he's foreign or a 'shady mechanic'?

Anna323

just so we clarify, there is no garage at the back or front - no structure, just a street with semi detached houses, and he works on the drive way and on the public road.

Stheno

Do you have a residents association or management company?

seamusk84

I still say the revenue route is the way forward. Just send an email with all the details....and some pictures if you have them.

Anna323

I will do that tomorrow - I have a lot of proof. When I tried to talk to him nicely about the vandalism taking place on the street and that I AM also afraid my car will be broken into - he said to me " sure well you have insurance" - aggghhhhh

MAJJ

Anna323 wrote: »

I would not get involved in a domestic to be honest with you. I am actually afraid of him myself - he is a very big guy.
I was scared having to approach him and ask him nicely to remove the cars, let alone mention anything about the thin walls. If the wife has a problem she can complain herself, the Gardai from what I know don't get involved in domestics.

I have a problem with the mess he makes plus the amount of cars parked outside and the illegality of the whole business which is run from this residential address.

I understand your fear but contrast that to hers which could be terrifying and emotionally paralysing. As others have advised for the abuse you can call the guards for the cars revenue and council. Hope it all gets resolved and he gets what he deserves. Used to be a volunteer with a charity and have seen too many battered women and kids.

Anna323

no residential association or management company either...

The_Morrigan

Mod Note

Folks can you please remember where you are posting and keep the discussion within the remit of the forum.

kippy

porsche boy wrote: »

Just for clarification you don't need planning permission for a business if the garage/structure was part of the property when he bought it.
Secondly insurance companies will give public liability for businesses run from home if such building meets requirements, but there isnt a need for public liability insurance if he states that the public won't be invited to enter the building or garage.
Finally it's just presumptuous to assume he's not vat registered or running a legitimate business as a sole trader unless you've checked on solocheck.ie under his name. Are you presuming because he's foreign or a 'shady mechanic'?

He is running a commercial garage from his house in the middle of an estate. On pure health and safety grounds this is not legal

Deenie123

kippy wrote: »

He is running a commercial garage from his house in the middle of an estate. On pure health and safety grounds this is not legal

He also may not meet fire safety requirements? Is the house or garage attached to any other person's property?

I'm sure the local fire chief might be interested in seeing if a garage built for residential use was up to standard for commercial mechanical work.

Anna323

there is no garage attached to the house - its a cul de sac with houses no garage attached - only semi detached houses.

doolox

The repair of cars requires the use of a lot of flammable chemicals and other materials, generates a lot of noise and should not be carried out on a large scale in residential area. Would a tannery or abbatoir be allowed in a residential area?? Or a sawmill?

I used to live near an estate many years ago where there were back street mechanics blocking up the driveways of their own and neighbours houses and causing accidents by poor parking of too many cars. I used to have to be very careful walking by there for fear of slipping on oil from discarded gearboxes, engines etc.....it would make a very good museum of ancient car parts for anyone interested in that stuff.

The neighbours regularly had their cars scraped by delivery trucks trying to squeeze by in the tight spaces left by half wrecked cars blocking the roadway.

Eventually the council forced them to cease operations and move to a more suitable location.

cocoman

If the place is a mess with old car parts, spilled oil, etc then I would contact the environment section of the council.

Anna323

thanks I hope the Council will do something...I truly do. If I could post you picture, trust me you would understand what I mean...

Does anyone know how long until the Council acts on the complaint? It was sent last week, at the beginning of the week.

spockety

I wonder where he disposes of old oil, brake fluid, power steering fluid, etc........

Anna323

oh in my garden and his - i have a neighbour who saw him do it - one of the trees died because of it ( well we think its because of it) as it was healthy up to 18 months ago

cocoman

Anna323 wrote: »

thanks I hope the Council will do something...I truly do. If I could post you picture, trust me you would understand what I mean...

Does anyone know how long until the Council acts on the complaint? It was sent last week, at the beginning of the week.

Should only take a few days. Depends what section you sent it to. Best to send two separate complaints. One to the planning enforcement section about the unauthorised business operation and the other to the environment section about the mess.

Stheno

Anna323 wrote: »

thanks I hope the Council will do something...I truly do. If I could post you picture, trust me you would understand what I mean...

Does anyone know how long until the Council acts on the complaint? It was sent last week, at the beginning of the week.

Have you other neighbours you can ask to make a complaint? That would speed up the response

Anna323

i do but i havent approached anyone yet as i am looking to wait and see what happens. but one other neighbour who is on his other side build a big wall between them, as he kept running into his garden when working on cars, and the guy got pissed off - the wall is big and i dont blame him - looks like ill have to do the exact same thing.

spockety

Anna323 wrote: »

oh in my garden and his - i have a neighbour who saw him do it - one of the trees died because of it ( well we think its because of it) as it was healthy up to 18 months ago

You can add the Environmental Protection Agency to your list of bodies to contact so...

Anna323

I will take care of that tomorrow - at least now I have some hope. well you have given me some hope.

Anna323

the initial complaint was sent to: Inspectorate Division, Environment, Business and Enterprise Department, Fingal County Council, Swords.

Stheno

Anna323 wrote: »

the initial complaint was sent to: Inspectorate Division, Environment, Business and Enterprise Department, Fingal County Council, Swords.

Ring them tomorrow and chheck they got it and are the right dept to deal with it.

Fingal are decent enough to deal with

Anna323

thanks I will follow up on it. the revenue is next.

easygoing1982

are there reg plates on these cars. are they taxed. If not and are parked on a public roadway report to the council as abandoned cars if no plates and to the guards regarding the tax.

Anna323

no tax, no insurance and no NCT.

Anna323

I have pics of all the cars with the registration numbers which were sent onto the council with my complaint.

porsche boy

kippy wrote: »

He is running a commercial garage from his house in the middle of an estate. On pure health and safety grounds this is not legal

Wrong. It is perfectly acceptable to operate a number of businesses from your home. While health and safety does come into it, it wouldn't be the biggest hurdle to overcome. There are many mechanics working from home who operate within all applicable laws including vat.

As it happens this guy seems not to have an actual 'location' of business as he works in his driveway so there would be issues alright. The EPA would have issue with oil/waste disposal but if you store waste oils etc correctly and bring them to your local dump for correct disposal then there isn't an issue. Also if he has a separate bin for industrial waste that gets collected separately then again this is not an issue but from what I'm seeing from the OP this is not the case.

Anna323

oh not the case at all - if you see his front garden now you would understand what I mean. I just hope I can stop him from running a garage from a small, quite, not a lot of room to even turn a car street/location.

ahhh I hope something can be done - now am scared that there isnt a lot I can do and I will just have to sell.

mikom

Anna323 wrote: »

oh not the case at all - if you see his front garden now you would understand what I mean.

Any pics?

Anna323

yes on my iphone and i honestly dont want to divulge my location.

Stheno

porsche boy wrote: »

Wrong. It is perfectly acceptable to operate a number of businesses from your home. While health and safety does come into it, it wouldn't be the biggest hurdle to overcome. There are many mechanics working from home who operate within all applicable laws including vat.

As it happens this guy seems not to have an actual 'location' of business as he works in his driveway so there would be issues alright. The EPA would have issue with oil/waste disposal but if you store waste oils etc correctly and bring them to your local dump for correct disposal then there isn't an issue. Also if he has a separate bin for industrial waste that gets collected separately then again this is not an issue but from what I'm seeing from the OP this is not the case.

Yeah my mechanic us like this, separate storage areas for hazardous waste and he's a dedicated work area behind his house

Different scenario here though