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Building on Boundary - future owner issues?

  • 03-05-2017 8:39pm
    #1
    Posts: 14,344 ✭✭✭✭


    Howdy folks,

    Apologies if this has been asked a hundred times, but I am just looking for clarification on something.

    I want to stick an extension onto the rear of my house. 2 storey, about 10ft out. To make the job neater, I want to knock the boundary wall in the garden with next door (we're an end-terrace house).

    I would like to then rebuild this wall as part of the extension itself (so i dont have that small 6-8inch gap that most extensions have at them for people not wanting to touch boundaries).

    Effectively, i'll rebuild the wall down the rest of the garden, and if the neighbour ever wants to build an extension, they will pretty much be building it onto my extension wall.


    So it's pretty straight-forward.

    Here's my question (hypothetical, of course): If the neighbour happens to be in a wee bit of trouble with a partner and the house could potentially end up going for sale in the near future (but after my extension is built), if my current neighbour agrees to everything i want, can a future neighbour (ie; whoever may buy the house off them) give out or do anything meaningful about me having built on the boundary?


    To word it from a different perspective:

    I just moved into a house I bought, the neighbour has built an extension that's on my boundary, because the previous owner said they could. Can i do anything about this?



    (I know I'll need planning permission etc. but as I say the current neighbour will agree to anything as they genuinely dont care, and i have a great relationship with them).


    Cheers folks.


    EDIT: Sorry, I actually think my extension wall would be considered the 'party' wall, and not a 'boundary' wall. So anywhere i say boundary wall, I mean party wall.. I think! (it's owned by us both and is on both our gardens).


Comments

  • Moderators, Society & Culture Moderators Posts: 40,365 Mod ✭✭✭✭Gumbo


    Should be grand. Get party/boundary wall agreement in writing.
    Mam sure to build the wall capable of taking the adjoining extension and 2 storey to future proof.

    Make sure it's constructed as a party wall, increased fire and sound requirements.

    Are you sure you need planning?


  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    Ah okay, that seems reasonable enough. Kinda what i was thinking.


    With regards planning, I think that once it's 2 storey it needs planning permission by default?


  • Moderators, Society & Culture Moderators Posts: 40,365 Mod ✭✭✭✭Gumbo


    Ah okay, that seems reasonable enough. Kinda what i was thinking.


    With regards planning, I think that once it's 2 storey it needs planning permission by default?

    Didn't even notice you said 2 storey in the OP.


  • Banned (with Prison Access) Posts: 390 ✭✭tradesman


    I'm open to correction but I don't think the wall can be built on the boundary. You have to allow for the overhang of the roof. That should be on the boundary so the wall will be more into your property than actually on the boundary line


  • Registered Users, Registered Users 2 Posts: 34,734 ✭✭✭✭Penn


    tradesman wrote: »
    I'm open to correction but I don't think the wall can be built on the boundary. You have to allow for the overhang of the roof. That should be on the boundary so the wall will be more into your property than actually on the boundary line

    It can be built on the boundary though like kceire said, it has to be done with full signed party wall agreement with the neighbour and should be constructed so that if the neighbour (or a future neighbour) wanted to build an extension, they could also use the wall. In such a scenario, the best course would be to have a parapet wall (where the wall extends above the roof) as the boundary wall with a rainwater valley on the inside. This eliminates roof or rainwater goods overhang crossing over the centerline of the boundary wall.

    As for planning, there are two-storey developments which are exempt though it depends on the size of extension, distance of windows from boundaries etc. OP, this is a pretty good guide to determining if your proposed extension is exempt or not
    http://www.tipperarycoco.ie/sites/default/files/Publications/Doing%20work%20around%20the%20House%20-%20The%20Planning%20Issues.pdf

    Once you get a signed party wall agreement in place, it doesn't matter what any future owner says or wants. They would have bought the house knowing your extension was there and their surveyor will likely have notified them of same and checked if there is a party wall agreement in place. In which case there's nothing any future owner of the neighbouring site can do.


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  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    Folks,

    Thanks for the heads-up on this. It is greatly appreciated and has helped put my at ease a bit.

    I shall look into a party wall agreement :)


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