Potential boundary issues down the line

Deliverance XXV

Hi all, I would appreciate some advice or insight on a potential boundary issue down the line.

Myself and my partner have gone sale agreed on a lovely house. It is a bungalow in a quiet village that had an extension built right to the boundary. It has three windows facing the boundary. The contracts have come back and there is a clause for a right-of-way for drainage at the back of our property, to be connected to a new proposed building. It also came back with information that there was a boundary adjustment (we will know more on this next week).

We made a request to the local offices to see if there was any planning in progress and while there is nothing in motion, there has been pre-planning talks and the potential of a housing estate to the rear of our property (think of a large field to the rear and one side). The area is classified as high-density zoning.

I guess the query is, if a housing estate was to be built to the rear, how close can its boundary be to ours? As in, can a estate boundary wall be built inches from three of our windows?!

Thanks in advance

4ensic15

Deliverance XXV wrote: »

Hi all, I would appreciate some advice or insight on a potential boundary issue down the line.

Myself and my partner have gone sale agreed on a lovely house. It is a bungalow in a quiet village that had an extension built right to the boundary. It has three windows facing the boundary. The contracts have come back and there is a clause for a right-of-way for drainage at the back of our property, to be connected to a new proposed building. It also came back with information that there was a boundary adjustment (we will know more on this next week).

We made a request to the local offices to see if there was any planning in progress and while there is nothing in motion, there has been pre-planning talks and the potential of a housing estate to the rear of our property (think of a large field to the rear and one side). The area is classified as high-density zoning.

I guess the query is, if a housing estate was to be built to the rear, how close can its boundary be to ours? As in, can a estate boundary wall be built inches from three of our windows?!

Thanks in advance

There are minimum distances that windows must be from the neighbours windows. There will also be a requirement for a back garden behind any new houses. You will also have the right to inspect any plans and object if you have issues with windows.

the_syco

Deliverance XXV wrote: »

I guess the query is, if a housing estate was to be built to the rear, how close can its boundary be to ours? As in, can a estate boundary wall be built inches from three of our windows?!

I can't see why not? Although it's possible that a road will be there, it's also possible that someones back garden will be on the other side of the boundary, and IIRC, there is no right-to-light law in Ireland.

I'd be suspicious if the house came on sale after the estate got the go-ahead. In saying that, lots of estates got the go-ahead during the boom, but never went ahead.

Deliverance XXV wrote: »

It also came back with information that there was a boundary adjustment (we will know more on this next week).

The boundary adjustment may mean that you get some extra land next to the extension, but if it goes the other way, and puts the extension in it's line of fire, I'd walk away.

4ensic15 wrote: »

There are minimum distances that windows must be from the neighbours windows.

If this went both ways, would the house the OP is looking to buy possibly be in breach?

Deliverance XXV wrote: »

The contracts have come back and there is a clause for a right-of-way for drainage at the back of our property, to be connected to a new proposed building.

Does said drainage go under the extension?

jimmycrackcorm

No. Ops house is in situ, with no building in place behind. It will be a requirement for a new building behind to comply. Having said that, the op should not assume that will happen and should keep a close eye on planning behind.

I've based that on a friends experience building next to an existing house where the gable window of said house was close to the boundary wall. Friends house was refuse equivalent window due to existing neighbours window even though their house was further from the boundary.

the_syco

jimmycrackcorm wrote: »

It will be a requirement for a new building behind to comply.

With that in mind, would a (boundary) wall be classed as a building?

Deliverance XXV

Thanks guys - We wouldn't mind a housing estate close by but the thoughts of a boundary wall several feet from our windows does not tempt us in any way. Equally, the thoughts of an access road that goes several feet past boundary-lined dining room windows doesn't either. When we know more about the boundary adjustment, we will have a better information to make a decision. Just guessing, but there was an AJ to the rear of the property which might have been outside of the original boundary (family-built house on family lands) so the adjustment might only cover that.

the_syco wrote: »

Does said drainage go under the extension?

Not quite sure - the contract mentions to the rear of the property. There is a community drainage scheme in place so not too sure how it would affect our own drainage.

quietsailor

the_syco wrote: »

Does said drainage go under the extension?

Deliverance XXV wrote: »

Not quite sure - the contract mentions to the rear of the property. There is a community drainage scheme in place so not too sure how it would affect our own drainage.

This is a very very important point - make sure you get maps lining out the proposed path of the drainage - look and see if it runs on land the extension now sits on.
A mistake could have happened and the planning given for the extension without someone realising a drain has to be put there in the future.

Bearing that in mind ask the vendors for the planning application/go to the council as get as much info on the house & extension planning application as you can -- maybe the extension was exempted from planning for some reason and the council aren't aware it's been built over (what sounds like) a council designated right-of-way for future drainage

Victor

the_syco wrote: »

With that in mind, would a (boundary) wall be classed as a building?

Generally 'no'.

Deliverance XXV

I will look into the planning for the extension to see if any irregularities exist.

I am guessing then that another property could technically build a wall inches from the boundary windows of the extension (of the property we are looking at)? I understand that a sole property mightn't do so, but a developer for housing estates/multiple houses might be a little more ruthless.

Peregrinus

Deliverance XXV wrote: »

I will look into the planning for the extension to see if any irregularities exist.

I am guessing then that another property could technically build a wall inches from the boundary windows of the extension (of the property we are looking at)? I understand that a sole property mightn't do so, but a developer for housing estates/multiple houses might be a little more ruthless.

Basically, yes. This is a risk you run if you build right up to the boundary of your property.

I should point out that if you are building within a metre of your property boundary, and you will be including a window at ground floor level, you need planning permission (even if your development would otherwise be exempt). So, rather than discouraging boundary walls that might block the view from windows, the planning code discourages people from putting windows where they might be blocked by boundary walls (or look directly and closely into a neighbouring property).

sunnysoutheast

Deliverance XXV wrote: »

I will look into the planning for the extension to see if any irregularities exist.

I am guessing then that another property could technically build a wall inches from the boundary windows of the extension (of the property we are looking at)? I understand that a sole property mightn't do so, but a developer for housing estates/multiple houses might be a little more ruthless.

Personally I would think very long and hard before committing to buying a house that is likely to have a major development built right next to it, even more so when there is no planning documentation yet available for said development.