Are you allowed to build a shed in a garden for someone to live ?

ellehcim29

My neighbor had recently built a huge shed in their garden. They already have a small shed with someone living in it. They have now built an even bigger shed twice the size of the other one. Surely this isn’t allowed ? The amount of people in this house already is ridiculous. Surely it’s not allowed ?

Apiarist

Depends on the total area of all sheds and the remaining area of the garden.

https://www.irishtimes.com/life-and-style/homes-and-property/does-my-neighbour-need-planning-permission-1.2408534

ellehcim29

victor8600 wrote: »

Depends on the total area of all sheds and the remaining area of the garden.

Well from what I can see there isn’t much room left in the garden.

thelawman

“The structure should not be used for human habitation or for keeping pigs, poultry, pigeons, ponies or horses or any other purpose, other than a purpose incidental to the enjoyment of the house.”

Apiarist

ellehcim29 wrote: »

Well from what I can see there isn’t much room left in the garden.

Well, the article says "if you are concerned that the proposed structure will have a negative impact ... discuss this with your neighbour.

Alternatively, you should contact the local authority planning department and they will pursue the matter on your behalf."

looksee

No its not (allowed). They need planning permission, which it is highly unlikely they will get for someone to live in one of these sheds.

wexie

No it's not, you're allowed to build a shed usually (depending on the situation, size of the shed and how much garden is left) but you can't just have people living in them.

Question is what do you want to do about it?

You should be able to see on the local county council website whether or not any planning permission was asked for and/or received and go from there.

Here's some info in case you're in Dublin http://www.dublincity.ie/main-menu-services-planning-observations-objections-complaints/complain-about-development

Gumbo

victor8600 wrote: »

Depends on the total area of all sheds and the remaining area of the garden.

https://www.irishtimes.com/life-and-style/homes-and-property/does-my-neighbour-need-planning-permission-1.2408534

This is incorrect info.

At no stage can you build a shed in the rear garden for people to live.

Apiarist

kceire wrote: »

This is incorrect info.

This is the answer to the question what type/size of shed can be built and on what conditions. The quoted article also clearly says that the "structure should not be used for human habitation". However, proving that people live there and do not live in the house and "incidentally using the shed", can be more difficult than simply measuring the total area of sheds and declaring them unsuitable for the back garden.

Gumbo

victor8600 wrote: »

This is the answer to the question what type/size of shed can be built and on what conditions.

The Question was

Are you allowed to build a shed in a garden for someone to live ?

You answered :

victor8600 wrote: »

Depends on the total area of all sheds and the remaining area of the garden.

The word depends here means there's a possibility that it can happen, but there's not. Not a single chance you can live in any shed, you will never get planning.

victor8600 wrote: »

However, proving that people live there and do not live in the house and "incidentally using the shed", can be more difficult than simply measuring the total area of sheds and declaring them unsuitable for the back garden.

Trust me, I see the cases every single week, it is extremely easy to prove that the shed is been used for habitable purposes. And from a close Planning Enforcement Officers point of view, all the shouting and newspaper articles doesn't make the problem go away, the use ceases or court proceedings occur very quickly.

Apiarist

kceire wrote: »

And from a close Planning Enforcement Officers point of view, all the shouting and newspaper articles doesn't make the problem go away, the use ceases or court proceedings occur very quickly.

Since you are so experienced, could you explain what would happen if ellehcim29 sends an e-mail to the local planning department stating that people live in a shed in the neighbour's back garden? Would the neighbour have to demolish shed(s)?

Gumbo

victor8600 wrote: »

Since you are so experienced, could you explain what would happen if ellehcim29 sends an e-mail to the local planning department stating that people live in a shed in the neighbour's back garden? Would the neighbour have to demolish shed(s)?

Since you want an answer......smartly

Section 152 Warning Letter to home owner.
Then home owner has to comply with the warning letter.
Warning letter sets out what the nature of the complaint is and gives the home owner 4 weeks to reply and arrange for a site inspection. A site inspection of every single complaint takes place under the legislation.

Following the site inspection, If shed is bigger than planning exemption allows, usually the Planning Enforcement Section will allow the home owner to apply for permission to keep the structure. If they don't, or are refused, legal proceedings for its removal are initiated.

All detailed in Sections 151 to 157 of the Planning and Development Act.

I have seen 10+ of these structures/log cabins/sheds etc etc been removed this year alone and all at significant cost to the home owner as they are pretty much worthless to anyone else.

sydthebeat

victor8600 wrote: »

Since you are so experienced, could you explain what would happen if ellehcim29 sends an e-mail to the local planning department stating that people live in a shed in the neighbour's back garden? Would the neighbour have to demolish shed(s)?

youre poking a bear here

Apiarist

sydthebeat wrote: »

youre poking a bear here

I hope the bear does not mind terribly, but even if I get banned from Boards for a year, this will not affect my post frequency average by a lot

corco2000

So. If shed is reported to be converted to habitable space. Enforcement investigate...shed converted back to shed non habitable or even LA deem minor alterat ions no further action . ..file closed.
My question. .
When or if does the mystical 7year rule apply..as in if neighbour converts to living space. Is it from date of file closed plus 7?

Gumbo

corco2000 wrote: »

So. If shed is reported to be converted to habitable space. Enforcement investigate...shed converted back to shed non habitable or even LA deem minor alterat ions no further action . ..file closed.
My question. .
When or if does the mystical 7year rule apply..as in if neighbour converts to living space. Is it from date of file closed plus 7?

Doesn’t count in this case as it’s the use that is unauthorized.
This is the problem with so much incorrect info around the place centered on this magical 7 year rule pub conversation that in most cases doesn’t apply.

There are 2 Enforcement actions here :

1. Is the structure planning compliant.
2. Is the use planning compliant.