Extension with existing neighbors windows right to light?

pauldavis123

City center building approx 200 years old.

Neighbours building also same age extends further back than mine and is 3 story throughout while mine is a single story at the rear.

Two windows look directly onto the roof of the ground floor rear of my building

if I build a second story can I block their windows or do they have a right to light in that window?

The window is in the boundary wall which my building touches on the ground floor.

Gumbo

You cannot block their window here.
I've seen it so many time on city centre properties. The window is in a position that would not get granted now a days but it's there before planning exisited so it has right of way so to say.

You can build around it or you can talk to the neighbors, see exactly what the window does, is it purely for light, is it a means of escape etc as that will determine what you can and cannot do.

Maybe a picture would shed some light on it for us.

pauldavis123

http://i.imgur.com/ODqwSbg.png

Basically I want to fill out the first floor to circa 40m² (fill in the box with the line around it)

Neighbour A has no windows in the party wall, neighbour B is the problem.

DOCARCH

Once the window(s) have been there in excess of 20 years, ancient right to light applies, and the neighbouring house, in essence, has a 'right of way' over your property.

Only way you can do what you want to do is by negotiation with your neighbour. See if you can think of anything you could offer them in return and discuss if they are willing to loose their windows.

BryanF

Pull extension 1m from window boundary and go for planning on that basis

pauldavis123

As I'm at 40m² I was hoping to avoid planning.

Does a wall 1m from his window comply with guidelines?

Is this documented anywhere?

Can I effectively box in each window into a 1m² cutout from my extension?

I know it sounds harsh, but the fact his windows which would now be illegal are restricting my build seems crazy.

He has all the benefit at my expense ;-)

Also he has the same area for windows to the rear of his property as I will have once the extension is built!

Strolling Bones

pauldavis123 wrote: »

As I'm at 40m² I was hoping to avoid planning.

200 year old house - is it not a protected structure or in a conservation area ?

You will have 0m2 exempt then.

pauldavis123

Strolling Bones wrote: »

200 year old house - is it not a protected structure or in a conservation area ?

You will have 0m2 exempt then.

Believe me I was just as surprised (relived) to find it is not.

I checked:

http://www.dublincity.ie/main-menu-services-planning-heritage-and-conservation-conservation/protected-structures

In fairness it is of actually zero architectural merit, no internal fittings and plain red brick build with no detail at all on the front facade, rendered on the other three sides. That said next door which is has a beautifully detailed facade is not either.

Strolling Bones

You might be able to do a deal with the neighbour to pay for the moving of his windows onto his rear elevation.

It is frustrating your situation but it does indicate the value of having planning and building regulations.

DOCARCH

Are you proposing a ground floor, or, first floor extension? From you sketchup it looks like first floor?

Bear in mind that you can only build 12 m.sq. at first floor without planning permission (to a terraced/semi-detached house) and any first floor extension has to be 2.0m from the boundary, and, any windows have to be 11.0m from the boundary they face.

Gumbo

pauldavis123 wrote: »

Can I effectively box in each window into a 1m² cutout from my extension?

I know it sounds harsh, but the fact his windows which would now be illegal are restricting my build seems crazy.

No, you absolutely cannot do that. You may be creating a Fire Safety hazard and prevent your neighbour from escaping a fire.

pauldavis123 wrote: »

As I'm at 40m² I was hoping to avoid planning.

I don't think you are exempt from planning at all here.

sydthebeat

pauldavis123 wrote: »

I was hoping to avoid planning.
!

not going to be practical really

pauldavis123

DOCARCH wrote: »

Are you proposing a ground floor, or, first floor extension? From you sketchup it looks like first floor?

Bear in mind that you can only build 12 m.sq. at first floor without planning permission (to a terraced/semi-detached house) and any first floor extension has to be 2.0m from the boundary, and, any windows have to be 11.0m from the boundary they face.

Oh well, the 12m² seems to put an awful curtailment on this. I wanted to put a bedroom and toilet on the first level as my mum's mobility is getting worse and the stairs are killing her. Its residential above commercial so the extension is effectively ground floor for them but the planners won't agree ;-)

Can the 12m² be built without anything on the ground floor?

Gumbo

pauldavis123 wrote: »

Can the 12m² be built without anything on the ground floor?

Yes, but you must keep the walls 2m from the boundary so in essence you wont even get to build 12 Sq. M.

pauldavis123 wrote: »

so the extension is effectively ground floor for them but the planners won't agree ;-)

And rightly so, its a first floor extension here, not ground floor.

pauldavis123 wrote: »

Its residential above commercial

Here a spanner in the works, this is a multi occupancy building. Is it possible you will need a Fire Safety Certificate also? I think there's more to this than initially thought.

BryanF

also check the house insurance ramifications

pauldavis123

oh well, scrap that idea. I'll have to tell them they are moving. NOT going to go down well, they are there all their lives...

Thanks all.

Gumbo

pauldavis123 wrote: »

oh well, scrap that idea. I'll have to tell them they are moving. NOT going to go down well, they are there all their lives...

Thanks all.

Dont make a decision like that based on an internet forum.
Ask a local Architect/Engineer to view the actual site and make a call then.

pauldavis123

kceire wrote: »

Dont make a decision like that based on an internet forum.
Ask a local Architect/Engineer to view the actual site and make a call then.

Money is the main issue and from what I have read it's a no go under the 40 meter rule.

Gumbo

pauldavis123 wrote: »

Money is the main issue and from what I have read it's a no go under the 40 meter rule.

12 meter rule at first floor

sydthebeat

pauldavis123 wrote: »

oh well, scrap that idea. I'll have to tell them they are moving. NOT going to go down well, they are there all their lives...

Thanks all.

isnt there a stair from ground to first floor?

there are other options in regard to internal redesigns, mobility aids internally etc

a occupation therapist with experience in house adaptations may help

slimjimmc

sydthebeat wrote: »

isnt there a stair from ground to first floor?

there are other options in regard to internal redesigns, mobility aids internally etc

a occupation therapist with experience in house adaptations may help

Exactly what I was thinking. Surely it's just as much a struggle using stairs to get to ground level? A stair lift could be an option.
If you really want a bedroom and toilet on the same level is there any possibility of changing the interior layout to accommodate it, eg sacrifice a dining room?