Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Neighbour's Gas Flue and Roof Overhangs Onto My Property

  • 12-06-2016 12:49am
    #1
    Shazzy001
    Registered Users, Registered Users 2 Posts: 4 ✭


    I am in the process of extending my property. I do not need planning permission as it is within regs for size to not require permission. My problem is that when the mixed development I live in was built, my neighbour's roof was built overhanging my property and their gas flue was positioned pointing into my garden and these things inhibit my ability to extend my property.
    My neighbour has refused to consider moving his flue and has also refused to allow my builder to build up to my boundary and tie his roof into my wall. As such I would lose at least 12" in the width of my extension.
    Can I legally enforce them to make these changes or allow me to?

    Any legal advice much appreciated!


Comments

  • #2
    Kristopherus
    Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    Legal advice cannot be given.


  • #3
    ED E
    Registered Users, Registered Users 2 Posts: 36,170 ✭✭✭✭ED E


    Shazzy001 wrote: »
    Any legal advice much appreciated!

    Hire a solicitor.


  • #4
    Shazzy001
    Registered Users, Registered Users 2 Posts: 4 ✭Shazzy001


    Apologies for maybe not being entirely clear - it's my first post! I just wondered, as it is a weekend, if anyone knew what the law states regarding overhang into a neighbour's property or flues in a neighbour's property. Given the responses, I shall just wait til tomorrow and call my solicitor. Thanks anyway.


  • #5
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Shazzy001 wrote: »
    My problem is that when the mixed development I live in was built, my neighbour's roof was built overhanging my property and their gas flue was positioned pointing into my garden and these things inhibit my ability to extend my property.

    If its been built that way, it looks like thats the way its supposed to be.
    Shazzy001 wrote: »
    My neighbour has refused to consider moving his flue and has also refused to allow my builder to build up to my boundary and tie his roof into my wall.

    Sounds sensible from his perspective. Have you proposed to pay a builder (his builder) to do the rerouting work for him, to his satisfaction? Is it even possible, given that the development seems to have been designed that way from the start?

    Do you have an insured architect on the job so that you can assure him that none of your works will damage his property?
    Shazzy001 wrote: »
    Can I legally enforce them to make these changes or allow me to?

    See comments above. You will need his agreement and writing solicitors letters is not the way to get it. From his perspective he would be foolish to allow you to mess with his property.


  • #6
    Shazzy001
    Registered Users, Registered Users 2 Posts: 4 ✭Shazzy001


    I knocked into my neighbour and asked about the roof in principle and he refused point blank and I took a registered gas fitter around to him who advised on all the options and it was a point blank "No" to every option and solution offered by him. I was more than happy to fund the cost of the works and never asked for any financial contribution, only his favourable agreement as I didon't not want to go down the road of legal enquiries or potential legal enforcement and all that unpleasantness. As it stands,I will be contacting myou solicitor and a buildingsmall regs specialist tomorrow. Thanks for the advice.


  • Advertisement
  • #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    To me it sounds like the property was not built in accordance with the Building regulations. Particularly Part J.

    The roof overhang is a design feature but it should not stop you from extending your home. The external output from the gas boiler is wrong and it wouldn't be allowed nowadays. When was the property built? Did the Neighbour move his gas boiler or is it in that position since it was constructed?

    Also. You may have to check the parent planning application for your estate as many many large sites were conditioned that you could not extend any house without planning, therefore de-exempting the exemptions if you get me.

    Can you show a picture?


  • #8
    Shazzy001
    Registered Users, Registered Users 2 Posts: 4 ✭Shazzy001


    kceire wrote: »
    To me it sounds like the property was not built in accordance with the Building regulations. Particularly Part J.

    The roof overhang is a design feature but it should not stop you from extending your home. The external output from the gas boiler is wrong and it wouldn't be allowed nowadays. When was the property built? Did the Neighbour move his gas boiler or is it in that position since it was constructed?

    Also. You may have to check the parent planning application for your estate as many many large sites were conditioned that you could not extend any house without planning, therefore de-exempting the exemptions if you get me.

    Can you show a picture?
    I will try to upload a picture later.
    The development was built like this about 9-10 years ago. I don't want to fall out with my neighbour but I do want to extend! I just want a solution that will keep everyone happy.


  • #9
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    Shazzy001 wrote: »
    I will try to upload a picture later.
    The development was built like this about 9-10 years ago. I don't want to fall out with my neighbour but I do want to extend! I just want a solution that will keep everyone happy.

    It could easily have the de-exemption condition so you may actually require planning even for a small extension to the rear.

    I have a feeling you will have to go down the legal route to force the works to go ahead.


  • #10
    MouseTail
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    You can't force the neighbour to move the flue, it was there when he bought and when you bought. Why on earth would he go to the expense and hassle of moving it?


  • #11
    Frank Grimes
    Registered Users, Registered Users 2 Posts: 5,461 ✭✭✭Frank Grimes


    MouseTail wrote: »
    You can't force the neighbour to move the flue, it was there when he bought and when you bought. Why on earth would he go to the expense and hassle of moving it?
    The OP said in post #6 that they would fund it.


  • Advertisement
  • #12
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    MouseTail wrote: »
    You can't force the neighbour to move the flue, it was there when he bought and when you bought. Why on earth would he go to the expense and hassle of moving it?

    I think he can force its removal of it was placed there in contradiction to the building regulations and RGI regs and it hinders an adjoining properties development.

    The OP will have to go legal here and enforce a court action which he should win easily but it's a pity he has to go that route because of a stubborn neighbour.


  • #13
    April 73
    Registered Users, Registered Users 2 Posts: 846 ✭✭✭April 73


    It's impossible to say what the outcome will be until you have all the facts about how the properties were built & whether there is an issue.
    Once you have the full picture you will be in a stronger position with the neighbour.

    If someone knocked into me saying I had to have work done to my house to facilitate his extension I wouldn't just say "fine, go ahead" regardless of whether the neighbour was offering to pay or not.

    Just because he knocked you back once doesn't mean that with enough time to contemplate & a clearer picture of the legal situation that he may not change his mind. Don't go to war with your neighbour if you can help it, especially over 12 inches of ground. Both your lives will be miserable.


Advertisement