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Neighbour building a terrace style structure

  • 18-12-2017 12:21pm
    #1
    Closed Accounts Posts: 2,021 ✭✭✭


    Hi,

    I am currently in work but my partner sent me a photo from our home which is attached below

    Our neighbour seems to building a terrace style structure in their back garden attached to the party wall.

    Normally we wouldn't have an issue but the height of it is causing concern. The wall it self is over 9 foot(roughly 9.5) but was here when we moved in so we couldn't complain, however the structure is adding another 2 foot onto it bring the total height too 11.5 foot to this particular part of ot.

    Now I understand it's not actually brick being placed on the wall and it is being "attached" to his side of the party wall but the sun goes down over my neighbours wall and with the height already as high as it is this will impede us even more.

    Are there regulations regarding building structures like this to party walls especially ones with height issues?

    The only legislation I can find is regarding building the party wall further higher which does in a roundabout way apply here but doesn't directly specify this particular scenario in the legislation.

    Our neighbour hasn't consulted us and we wouldn't be best mates. Just the odd hi etc.


«13

Comments

  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    Planning restriction of 2m applies to boundary walls.
    If its over this Planning Enforcement can act on it, but you would need to make the complaint to them first.

    Boundary wall max height without planning is 2m.
    The height of any structure to the rear can be 3m or 4m depending on the roof type, if its a garden shed.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    kceire wrote: »
    Planning restriction of 2m applies to boundary walls.
    If its over this Planning Enforcement can act on it, but you would need to make the complaint to them first.

    Boundary wall max height without planning is 2m.
    The height of any structure to the rear can be 3m or 4m depending on the roof type, if its a garden shed.

    Does this apply to wood fixtures attached to the boundary wall?


  • Registered Users, Registered Users 2 Posts: 18,721 ✭✭✭✭_Brian


    If that’s the extent of the width and additional height I wouldn’t worry too much, it will make little actual difference and for the small difference is it really worth falling out with the neighbor??

    Also, it’s hard to tell but it looks like softwood, if so it will be down in three years anyway.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    _Brian wrote: »
    If that’s the extent of the width and additional height I wouldn’t worry too much, it will make little actual difference and for the small difference is it really worth falling out with the neighbor??

    Also, it’s hard to tell but it looks like softwood, if so it will be down in three years anyway.

    It's actually going higher, ive attached another photo.

    We wouldn't usually mind if it was a 1 time thing but this particular neighbour hasn't stopped construction one way or another with their house for the last 3 years at least. They take out and install a new sitting room every few months. Constantly working on the front and back garden, putting down patio, then taking it up to put some grass down, then putting more patio over that.

    Now that I think of it, it's constant and the noise of drills,saws and hammers is starting to wear our patience


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Normally we wouldn't have an issue but the height of it is causing concern. The wall it self is over 9 foot(roughly 9.5) but was here when we moved in so we couldn't complain, however the structure is adding another 2 foot onto it bring the total height too 11.5 foot to this particular part of ot.

    no its not... its just over 7 foot high... (9 blocks + about 6 inches)


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  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    It's actually going higher, ive attached another photo.

    We wouldn't usually mind if it was a 1 time thing but this particular neighbour hasn't stopped construction one way or another with their house for the last 3 years at least. They take out and install a new sitting room every few months. Constantly working on the front and back garden, putting down patio, then taking it up to put some grass down, then putting more patio over that.

    Now that I think of it, it's constant and the noise of drills,saws and hammers is starting to wear our patience


    looking at that second picture it appears the impact on you would be very minimal.

    But you are well within your rights to notify the council and ask them to determine if it is unauthorised or not.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    sydthebeat wrote: »
    But you are well within your rights to notify the council and ask them to determine if it is unauthorised or not.

    Sorry but ive never done that before, how would I go about it?

    Do they have an online form to fill out?


  • Registered Users, Registered Users 2 Posts: 7,503 ✭✭✭Sinister Kid


    Why not speak to them before filling a complaint?


  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    Sorry but ive never done that before, how would I go about it?

    Do they have an online form to fill out?

    You email or write to the Planning Enforcement Section of your council.
    You give your name, address, phone number and email.
    You outline your concerns and the address of the other property.

    They will inspect the site.

    But I agree with above, id talk to the neighbour first and see what's going on.


  • Posts: 0 [Deleted User]


    Op, I’d live and let live on this one
    Take a moment and be greatful that you live next to someone who has a interest in their property

    The pictures so far show nothing to be concerned of
    If you have a real issue talk to the man, don’t go making complaints to the council. Maybe he’ll be happy to move it away from the wall so that it doesn’t cast a tiny shadow into your property. Take this as an opportunity to finally get a decent conversation going with your neighbor, who knows where that could lead


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  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Op what time of the day was that picture taken??


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    So I knocked in to see what the story was and to cut a long story short his opinion is it's his garden he can do what he likes.

    I'm annoyed because not only is this wall high already (as stater above over 7 foot)and it goes higher further down the garden where his shed is if you can see but now he's built a new structure onto it.

    Like I said, when we moved in we took it for granted there is nothing we can do about the already built walls but this is now taken it a step too far in our opinion.

    The photo was taken at 9 am and it's too dark to take another so I will get a new one in the morning so you can see how it's changed


  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    2nd Pic makes it look like a treehouse he's building?


  • Registered Users, Registered Users 2 Posts: 31,222 ✭✭✭✭Lumen


    If you annoy him he could legitimately build a
    very narrow but 3m high shed with flat roof the full length of that wall.

    Or 4m if he pushes the definition of double pitched.

    In the UK there's a 2.5m eaves height limit but AFAIK not here. Not sure why.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Lumen wrote: »
    If you annoy him he could legitimately build a
    very narrow but 3m high shed with flat roof the full length of that wall.

    Or 4m if he pushes the definition of double pitched.

    In the UK there's a 2.5m eaves height limit but AFAIK not here. Not sure why.

    I've attached another picture.

    He has a shed built 12 blocks high at the back.

    He's still working on this which is exceeding the sheds height by half a foot as well.

    This is the problem, the wall is already over the threshold for party walls, the shed is well over and now this is a slap in the face when I went in to be democratic about it.

    We don't want to have to look at a wall going any higher that makes us feel like we are being imprisoned, sounds extreme but it does feel that was with all the work he's done and doing


  • Registered Users, Registered Users 2 Posts: 3,921 ✭✭✭Odelay


    I wonder is it a pigeon loft he's building?


  • Registered Users, Registered Users 2 Posts: 7,503 ✭✭✭Sinister Kid


    If you don't like your neighbors maybe it's a good he is building up so you won't have to look at him :p


  • Registered Users, Registered Users 2 Posts: 1,225 ✭✭✭flatty


    I my honest opinion, it is your side of the wall which makes it look like a prison. Each to their own, but you could put up a trellis and some training plants and it would be much nicer. The neighbours' construction wouldn't bother me much in truth, but your view could be so much nicer.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Thanks for all your opinions so far.

    I guess it's just grated on us at this stage. The contestant construction is relentless but because we couldn't see it, it didnt bother us but now this structure isdidn't f built and coming into our view and extending the height of the wall.

    I appreciate the opinion of doing up our wall, we did have trellaises up but the children got at them so we have to take them down, we have plans in the summer just don't have the funds to do so yet


  • Registered Users, Registered Users 2 Posts: 2,516 ✭✭✭XsApollo


    That wall looks like a death trap to me.
    Especially the high blocks at the end where the kids stuff is.
    I don’t know nothing about building, but it doesn’t look like it’s gonna stay there for ever and could come down easy?
    Years ago in my estate where I grew up a kid was killed messing on a wall like that, the wall came down on top of him.

    Also in the same estate all the garden walls of the houses could be pushed over eventually and we knocked over a few ourselves, lucky nobody else was killed thinking back
    The council had to come out attach steel posts embedded in concrete to all the walls to hold em up.

    I’d be going out testing that wall with a sledge and if I didn’t like it I’d be doing something about it.


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  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    I feel your pain OP. I would annoy me if I was in your position too - particularly if he gave you attitude about it. But I agree with everyone else who posted here - that it is probably not worth attempting to get it removed because you could end up with much worse next to you.

    I'd definitely watch out for pigeons though - no idea what the rules are regarding pigeons but there was a long thread about them here a few months back.


  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    I'd agree with XsApollo above - it is worth getting that wall checked out for safety - it looks like it was built in a few different ways at different times so there may have been no competent person looking after the overall stability.


  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    I feel your pain OP. I would annoy me if I was in your position too - particularly if he gave you attitude about it. But I agree with everyone else who posted here - that it is probably not worth attempting to get it removed because you could end up with much worse next to you.

    I'd definitely watch out for pigeons though - no idea what the rules are regarding pigeons but there was a long thread about them here a few months back.

    +1
    Pigeon lofts specifically not allowed without planning, and Planning generally will be refused.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    As it stands this is where the construction of this thing is. New wood has been added to completely block our view. Earlier light could get through the wood planks now it can't

    Note I don't know what it is as he didn't tell me. I said terrace in our talk but he didbt confirm it too me.

    I'm at a loss as what to do.

    As mentioned above the shed at the back has different bricks added to it with some cracks showing. The new structure has punctured holes in the wall from the drill going through too far.

    I feel at the this stage I'll have to inform the council to see where I stand, I tried to be civil by going into him but it was pointless


  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    I havent a clue what that is tbh. But he is using the wrong type of timber for it.

    Im assuming he also built that wall up judging by the lack of support carried upwards into the new blocks.


    I wont use the word Cowboy ted, but if the shoe fits.

    Is he retired :)


  • Closed Accounts Posts: 310 ✭✭OnDraught



    I feel at the this stage I'll have to inform the council to see where I stand, I tried to be civil by going into him but it was pointless

    Is this the same neighbour with the roaming dogs or the same one with the unattended saw?

    If you're going to fall out with 3 neighbours I'd think about moving.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    OnDraught wrote: »
    Is this the same neighbour with the roaming dogs or the same one with the unattended saw?

    Same one with the unattended saw.

    I couldn't update the thread with the dog but that neighbour came up and had gotten his dog back.

    He apologised and said he was going through a tough time, he was letting everything slide as it were and it won't be happening again. I let him I know i understood and I threw out an olive branch that if he needed any help just to ask us because we would be happy and he said he would. We are on good terms now and we even got a Christmas card off him and vice versa.

    I don't make a habit of annoying my neighbours, it's usually the other way around but ive approached next door and his attitude is my garden my rules. He is retired but I'm not sure if he is following regulations.

    Again if like to thank everyone for your advice and opinions so far I appreciate them


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    As it stands this is where the construction of this thing is. New wood has been added to completely block our view.

    view of what? the roofs of the houses behind you?


  • Closed Accounts Posts: 310 ✭✭OnDraught


    Same one with the unattended saw.

    I couldn't update the thread with the dog but that neighbour came up and had gotten his dog back.

    He apologised and said he was going through a tough time, he was letting everything slide as it were and it won't be happening again. I let him I know i understood and I threw out an olive branch that if he needed any help just to ask us because we would be happy and he said he would. We are on good terms now and we even got a Christmas card off him and vice versa.

    Fair play, glad to hear that ended well.

    I'd heed other people's advice on this one. If this guy is a bit of an ignorant character I'd be worried about how he could legally escalate his diy hobby if he has a grudge to bear in future. He might suddenly take an interest in growing big trees or hedges.


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  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    sydthebeat wrote: »
    view of what? the roofs of the houses behind you?

    No the light in the evening, granted it's not something we are entitled too I know that but how high is too high? How high can he build something that towers over into our garden?

    Some courtesy would have been appreciated but we weren't contacted and as I've said it's a constant sound of banging and drilling, also another point is their cars constantly parked on the path and the road meaning when the kids are being briugh to school we have to cross onto the road to get buy them. This is due to their adult children living at home and all having cars, theres 6 cars in total, 3 in the garden usually and 3 outside with one on the path. We were told to report to the council or local authority and the cars would be removed but we didn't want to make a fuss but now it's all starting to pile on

    The neighbours seem to do as they please and everyone has to like it or lump it.

    Last night was the first time I went in to explain any grevince and it was thrown in my face.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    This guy is building something to the North West of your garden which barely peeks out over the wall, so at no point in the year is it going to block your light or your view. At the height of summer, those houses to the West will block the sun before his thing does.

    Get some trellising, attach it along the wall in line with the tallest part to create a nice even line along the top of the wall, grow something on it, and forget about the guy next door.

    With no insult intended, you are complaining for the sake of complaining. Yes, I'm sure his constant DIY work is annoying, but ultimately your "view" will be no more attractive whether this thing exists or not. Focus on making your own garden a nice place to be.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    seamus wrote: »
    This guy is building something to the North West of your garden which barely peeks out over the wall, so at no point in the year is it going to block your light or your view. At the height of summer, those houses to the West will block the sun before his thing does.

    Get some trellising, attach it along the wall in line with the tallest part to create a nice even line along the top of the wall, grow something on it, and forget about the guy next door.

    With no insult intended, you are complaining for the sake of complaining. Yes, I'm sure his constant DIY work is annoying, but ultimately your "view" will be no more attractive whether this thing exists or not. Focus on making your own garden a nice place to be.

    Thanks for you comment Seamus.

    We are going to be updating our garden next year when we have time and funds.

    The point of this thread was to see if people are of the opinion my neighbour is following regulations.

    If he isn't then I have every right to complain.

    If he is then I fully concede I have not right to complain....well everyone has a right too but if it's justified is a different matter.

    I called in to be civil but it wasn't fruitful


  • Posts: 0 [Deleted User]


    Thanks for you comment Seamus.

    We are going to be updating our garden next year when we have time and funds.

    The point of this thread was to see if people are of the opinion my neighbour is following regulations.

    If he isn't then I have every right to complain.

    If he is then I fully concede I have not right to complain....well everyone has a right too but if it's justified is a different matter.

    I called in to be civil but it wasn't fruitful

    Being civil does not automatically get you what you want
    The structure (whatever it is) is not blocking any view or any light and is completely dwarfed by your other neighbours hedge

    I dont think it’s worth creating a lifelong bad blood situation over this


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭GY A1


    Any picture from upstairs looking down onto it


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Being civil does not automatically get you what you want
    The structure (whatever it is) is not blocking any view or any light and is completely dwarfed by your other neighbours hedge

    I dont think it’s worth creating a lifelong bad blood situation over this

    Thanks for the comment.

    Again the hedges etc were here when we moved in so we know we have no say in them.

    But this is a new structure so we want to have a say, if we are entitled too of course.

    As I said if it meets regulations then we will keep our mouths quiet further.

    But if it doesn't then we are entitled to voice our concerns


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  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    GY A1 wrote: »
    Any picture from upstairs looking down onto it

    No one's at home but I'm not sure I'm allowed post a pic of their private back garden


  • Registered Users, Registered Users 2 Posts: 568 ✭✭✭HelgaWard


    If I were you I would get on to the council enforcement section. You tried to communicate with him and he wasn't responsive, at least that way you'll find out what the story is.


  • Registered Users, Registered Users 2 Posts: 2,684 ✭✭✭ForestFire


    Thanks for the comment.

    Again the hedges etc were here when we moved in so we know we have no say in them.

    But this is a new structure so we want to have a say, if we are entitled too of course.

    As I said if it meets regulations then we will keep our mouths quiet further.

    But if it doesn't then we are entitled to voice our concerns

    But you keep saying its blocking your light.

    But if the houses in the background continue to the right, then this new structure is not blocking any light.

    I don't think it matters if it "would" block light if nothing else around you existed.

    The simple fact is this is not a light or view issue because all those things in the background already will block the light.


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    ForestFire wrote: »
    But you keep saying its blocking your light.

    But if the houses in the background continue to the right, then this new structure is not blocking any light.

    I don't think it matters if it "would" block light if nothing else around you existed.

    The simple fact is this is not a light or view issue because all those things in the background already will block the light.

    My post that you quoted is the real matter at hand here.

    It's about regulation at this point.

    If the structure meets regulation then there's nothing we can do and we will live with it but if it doesn't then we have a right to have our say.

    I think at the point after already contacting him the best option is the council.

    If his structure is in line regulations then there's nothing for them to worry about, if not then that's their issue.

    I understand everyone's concern about having bad blood with a neighbour but in our defence, we weren't consulted, I did knock in to ask what was going on and pretty much had the door closed in my face, on top of that the walls and shed are already above regulation (as I said we accept that we can't do anything about that) and some of the bricks are cracked and parts of the concrete keeping them together have been falling off which give the impression the work wasn't carried out correctly and if that's the case it's not just a neighbour upset with neighbour issue, it's a health and safety issue as our children play in the garden.

    I'm going to get someone in to survey the wall from our side to see if we can expect any issues safety wise first and foremost and let the council do their job regarding the structure, like i said if they've done everything right then more power to them to enjoy it is whatever they've built and well just have to accept it.

    Again I'm really appreciative of everyone's input, I know the people of boards would be very informative on this matter


  • Registered Users, Registered Users 2 Posts: 2,684 ✭✭✭ForestFire


    I would definitely stick to the safety aspect, as this should be your real concern.

    Also anything done in the past that does not meet regulations can still be challenged, I believe?
    You cannot challenge something built over 7 years ago (Without Planning), but it must at least meet regulations?

    Maybe someone else could clarify that!!

    The bad blood is something you need to weight up yourself, as any complaint to the council now, will be assumed to be you (Even if someone else dose it at this point).

    One other thing that he needs to ensure is there is no water runoff into you property, He needs to run the roof back into his garden, or install a gutter.


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  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Well I know what my course of action us anyway.

    I've attached 2 more pics from above, it looks like some sort of shelter maybe

    Safety aspect is where I'm going now and will keep everyone updated

    I'm still wondering though does the regulation height of 2 metres only apply to the bricks in the wall and not to anything attached to wall which in this case can exceed that height?

    I've managed to measure it and with the structure there, the whole height is 2.75 metres


  • Registered Users, Registered Users 2 Posts: 568 ✭✭✭HelgaWard


    I wonder if he's planning to keep chickens? Looks like he could be building a chicken coop.
    http://www.irishfowl.com/talk/topic-27293.html?c=8


  • Closed Accounts Posts: 597 ✭✭✭clfy39tzve8njq


    Whatever it is will be rotted away in no time.


  • Registered Users, Registered Users 2 Posts: 2,684 ✭✭✭ForestFire


    Whatever it is will be rotted away in no time.

    Even to my own "DYI cowboy" standards I can see plenty of issues.

    None of that wood looks pressure treated??
    Where is the water between the wall and the "Hut" going??
    To me it looks like it will be trapped! and no access to treat it now

    Any "additional" small but regular amounts of water down there are sure to cause Havoc ;) (not that the ishih weather is sure to take care of it anyway)

    Maybe some nice pot plants on top of that wall that require regular watering:D


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    ForestFire wrote: »
    Even to my own "DYI cowboy" standards I can see plenty of issues.

    None of that wood looks pressure treated??
    Where is the water between the wall and the "Hut" going??
    To me it looks like it will be trapped! and no access to treat it now

    Any "additional" small but regular amounts of water down there are sure to cause Havoc ;) (not that the ishih weather is sure to take care of it anyway)

    Maybe some nice pot plants on top of that wall that require regular watering:D

    Ah jaysus people hahahs


  • Registered Users, Registered Users 2 Posts: 5,641 ✭✭✭Teyla Emmagan


    Just ring the planning department in your local council, that's all you have to do.


  • Registered Users, Registered Users 2 Posts: 1,170 ✭✭✭wildlifeboy


    you really think hes not going to put felt on it???? cmon he cant be that stupid! or it will have a pitched roof yet to go on. surprised anyone with even an ounce of building knowledge thinks this structure will be actually left like that.


  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    If the other shed is less than 25 Sq. M then he can add the area of this structure and remain exempt. Height limit for sheds etc is 3m flat roof, 4m pitched roof.


  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    ForestFire wrote: »
    Even to my own "DYI cowboy" standards I can see plenty of issues.

    None of that wood looks pressure treated??
    Where is the water between the wall and the "Hut" going??
    To me it looks like it will be trapped! and no access to treat it now

    Any "additional" small but regular amounts of water down there are sure to cause Havoc ;) (not that the ishih weather is sure to take care of it anyway)

    Maybe some nice pot plants on top of that wall that require regular watering:D

    Be mindful that sheds are generally exempt from the building regulations so nobody will care if it’s not treated etc

    It can rot away at the owners expense.


  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    Howdy neighbour!

    Joking aside, that falls under planning exemptions from the pic. And it's a heap of crap. If used as a domestic shed, not worth wasting anymore time on it, if used for birds, immediately get onto planning enforcement, in writing. Other than that, keep saying hi, be the bigger person.


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