Extension without planning on new build

Ging Ging

Here's my situation, I'm planning to construct a new build, house on a green field site in 2017. Currently at design stage. I'm confined by local authority development contributions for which the fees are increased on a sliding scale depending on the size of dwelling I wish to build. I don't wish to pay any more development fees but am struggling to get a house design that we think will work well within our current size/price threshold.

Give that the planing and development regulations 2001 allow for an extension of up to 40m sq. on a building without the need for further planning permission, subject to certain conditions.
http://www.irishstatutebook.ie/eli/2001/si/600/made/en/print#sched2

Would it be possible to construct an "extension" at the same time as the main build.

I can't see any time periods mentioned anywhere in relation to when the extension could commence that would disallow this. Has anyone first hand experience of this at either design or construction levels?

I'm really asking is this a viable loop hole to avoid extra local authority development contributions while keeping the build legal and above board?

DOCARCH

Ging Ging wrote: »

Would it be possible to construct an "extension" at the same time as the main build.

No.

Exemptions only apply to existing houses.

If you build an 'extension' at the same time you build the house, you will have breached your planning permission for the house.

GerardKeating

DOCARCH wrote: »

No.

Exemptions only apply to existing houses.

But when does a "house under contruction" become an "existing house".

If the OP built his/her extension as the last phase of the house, with perhaps a slight pause in works?

DOCARCH

GerardKeating wrote: »

But when does a "house under contruction" become an "existing house".

When it is complete and habitable.

chippers

Build out in accordance with your plans and particulars....

This has been well established in the courts.

Gumbo

Also. Your planning may come with a condition that de-exempts the exemptions which basically means you cannot build any extension without planning. This is quite common with all one off builds.

Dardania

is there any way OP that you can:

plan for and get permission for all you want

build a phase a

then build on phase b when you have fund later?

Ging Ging

DOCARCH wrote: »

GerardKeating wrote: »

But when does a "house under contruction" become an "existing house".

When it is complete and habitable.

Is this opinion or fact? Honest question not trying to be smart.

Dardania wrote: »

is there any way OP that you can:

plan for and get permission for all you want

build a phase a

then build on phase b when you have fund later?

This is the likely course of action if the extra square meters are definitely confirmed as a requirement, but would probably involve probably pouring foundation for phase B at the outset.

kceire wrote: »

Also. Your planning may come with a condition that de-exempts the exemptions which basically means you cannot build any extension without planning. This is quite common with all one off builds.

I haven't heard of these exemptions before, thanks I will need to investigate further.

Thanks for the replies everyone.

DOCARCH

Ging Ging wrote: »

Is this opinion or fact? Honest question not trying to be smart.

Fact.

sydthebeat

DOCARCH wrote: »

Fact.

100%

DOCARCH

Dardania wrote: »

is there any way OP that you can:

plan for and get permission for all you want

build a phase a

then build on phase b when you have fund later?

Be careful about this approach as if you get planning permission for 'a+b', you will only be in compliance with your planning permission when 'a+b' is complete.

If you only build 'a', initially, you will not have complied with your planning permission, so, if borrowing money, nobody can sign off that 'a' is in compliance with your planning permission!

If you cannot afford 'a+b', then you should only apply for planning permission for 'a', then deal with 'b' later.

Dardania

DOCARCH wrote: »

Dardania wrote: »

is there any way OP that you can:

plan for and get permission for all you want

build a phase a

then build on phase b when you have fund later?

Be careful about this approach as if you get planning permission for 'a+b', you will only be in compliance with your planning permission when 'a+b' is complete.

If you only build 'a', initially, you will not have complied with your planning permission, so, if borrowing money, nobody can sign off that 'a' is in compliance with your planning permission!

If you cannot afford 'a+b', then you should only apply for planning permission for 'a', then deal with 'b' later.

Never realised that was the case - apols OP

DOCARCH - would one have to go in for planning a section time with an a + b approach?

DOCARCH

Dardania wrote: »

DOCARCH - would one have to go in for planning a section time with an a + b approach?

For many reasons, yes. Only apply for planning permission for what you know or think you will be able to complete (now)!

If for example you applied for 'a+b'...built 'a' (and there were no banks involved looking for certification)...if you then did not build 'b', for whatever reason (change in circumstances, etc), if you came to try and sell the house (or borrow money in the future with the house as collateral), you would need to apply for retention permission for 'a'!

Back to the original query. The OP could apply for and build 'a', and, once that is complete, then build an extension as exempt development (if all criteria is met and/or there is no condition in the planning permission precluding further extensions as exempt development), or, later apply for planning permission for an extension (if needs be).

If the OP wants 'a+b' now...they simply have to make sure they have the money to do it (and pay the associated development levies).

Angry bird

Above advice is correct. It would seem to me to apply for planning for the house, minus the extension. Lay the necessary ground works for your extension which would fall under exemptions for works around a house. At later date get exemption cert or apply for planning for the extension.