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Neighbours works constantly intruding

  • 22-02-2019 12:29pm
    #1
    Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭


    Ive noticed the last of a serious of problems with my neighbours works after I heard a good bit of commotion going on for a while that my neighbours have installed some panels over all of their roof, either flat plate or solar PV, but they extend over my roof, while its about half a tile their whole roof is covered its very obvious.
    I was looking up at the roof as Id come to the conclusion that attic conversion and improvement is the only way we can upgrade, I think they should have left some space between our properties as they left some on the far end of his own gable end, I was interested in getting solar thermal panels and I think there could be an issue if I put a window for light down a stairway too, plus I think space would be needed to access their own panels without walking on my roof, for me to get panels myself means there would be no such space, or a risk of any panels I might instal getting damaged, as I am interested in getting solar PV.

    I have had a few issues with the neighbour regarding their building works, its on a standard semi detached house/estate, where they have forged ahead and been completely inconsiderate in whatever they do.



    When they moved in a initially, we had issues with them and their builders blocking us, I can understand it to an extent, we politely asked if they could just get the regular builder guys to not block our drive, this wasnt like the odd delivery on the back of a rigid truck where there was no option and there was plenty of room to park opposite us, the works they carried out overall lasted almost 2 years because they seemed to engage people they know to do it all, when they were doing the heavy work it went on all week, every week from early till late, even on sundays, I dont know what they did but Im not convinced it was all done correctly and at one point I complained when they never announced their intention to use a kango, we'd a baby child at the time and the noise was unbearable for him, told them we could have taken him out for the day, but they never considered it and just said they had to finish the work, at that time the plaster cracked on my kitchen wall on our side and dashing came off my house on the wall at my side entrance and over our extension from the vibrations, not a big concern just I think they could have used another means to do what they were doing, which I believe was chasing out channels for wiring (I think they could have drilled and used a con saw).



    Thought once it was all done, that would be it, but they are constantly at bits and pieces of repairs for years since the major works finished, for some reason since those works I can hear water gushing through a pipe from behind the adjoining box room, while Id expect they'd have the stairs to the attic conversion, it sounds like its got a sink in there and in their downstairs toilet, never heard these water noises before, just makes me think they didnt use the correct pipe sizes and wonder what else did they do, so not convinced its up to building regulations.


    Since then, they built up a permanent BBQ chimney, its about 80 cms over the 2m high wall, as they have a permanent cover over it they can light this anytime, numerous occasions we've had to take the clothes off the line and we cant leave the kitchen window open if its on, on one occasion we did and thought I could smell burning, went into kitchen and the whole kitchen was filled with smoke as it was coming straight in our open window, I posted about that here before and I got an answer of more or less mind your own business, I was going to lodge a complaint as I dont believe an additional and not necessary chimney stack can be put up and not so close to a window on our house, but I left it be to maintain some semblance of goodwill.


    Since that they have painted their house, nothing unusual, but they did it by spraying, white spray got all over our windows and frames, I never managed to clean it all off ever, they did the same out the front and never even thought to ask if Id move my car, while its old, I think a small bit of consideration would go a long way, I dont think theyd have asked if it was a newer car, they oversprayed onto my walls, I joked that he had overpainted my house, so he wouldnt get any ideas of extending anything else, he said he wouldnt charge me, smiled it off as I could paint up to it in the same coulor eventually, left it at that.


    Personally these panels are the last straw and I would like to know where I stand about making a complaint to have them moved, they have room to shove them across to their gable end, even if they didnt I've had it with them now.
    I nearly see no point going to them as I saw that suggestion in a post recently about neigbours proposed works in another thread, also English isnt their first language and I think they will fob me off anyway as they dont appear to give a damn. Ive had enough and I wonder can I go to the council or get a solicitors letter?
    At this stage cant afford to move, want to do our own upgrades and I dont want to get new windows and have them sprayed over or have problems doing attic/putting up solar panels myself or have their panels intruding on my ability to put up a velux type window where Id planned to anyway.
    Im fully expect the mind your own business replies, but the level of inconsideration from them is astonishing to me. Ive had enough with them and moving isnt an option.

    what are my options? who can I get to survey this get a report? can I recover this cost/provide it to a solicitor? demand its removed? I was willing to turn a blind eye to the chimney stack, but now, this is too much, theres no end to it.

    edit, will I say something first, tell them the panels are over my property and that I want them moved and if they dont I'll get a solicitor, see what their response is (it looks like they could slide them across, although if they cant this isnt my problem), or get some to measure it up (its definitely over) and then go to a solicitor? and council? any help here regarding planning putting a panel up on a roof and extending over a neighbours property?


Comments

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


    Have you got a picture?


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    Picture of the flat plate panels?, I dont, I think it would be difficult to tell its over my roof, but I can send you some if you think it will help determine any.
    Im reluctant to undermine myself by sending them publicly as Im just off the phone to sdcc who told me a second chimney comes under enforcement and would need to be looked at, and that any panels can only cover 12sq metres and a maximum of half the roof, it looks like a lot of the roof is covered bar where they have velux window/s, which you cant see anymore, I think they had 2 windows, and they have 9 panels up there and seems to be very little roof space left so more than half.


    If they had not kept pushing it, I would not have come to making a complaint, they could have had all their roof covered and I wouldnt have bothered, just none of mine, Id even have let that pass if they hadnt been so foolish regarding spraying over our windows, cars and property.

    edit, took a picture of the chimney stack, cant really get a picture of the flat plate array as the angle means you cant see the roof or the boundary well, just the back of our houses, mainly theirs and the front edge of the tiles and a bit of the panels of the property, all Id be doing is taking a picture of the back of their house, but I had already climbed out onto the extensions and measured it up, definitely over.
    I'll probably have to climb onto my back wall to get a suitable picture of the entire array, Im trying to determine the area of the array as its 9 panels and they appear to at 0.8m to 1 m wide and 1.8 - 2m high, even at a low figure it appears they have exceeded 12msq and more than half the area of the roof.


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    Did council say if they will follow up on it?
    I would have thought a chimney would need planning alright.
    Also your post is very long might be no harm adding a tl:dr summary to it as some of isn't really relevant to the advice you are looking for and lot of people aren't inclined to read long posts.


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    cruizer101 wrote: »
    Did council say if they will follow up on it?
    I would have thought a chimney would need planning alright.
    Also your post is very long might be no harm adding a tl:dr summary to it as some of isn't really relevant to the advice you are looking for and lot of people aren't inclined to read long posts.


    I know what you mean regarding the long post, just wanted to give a background that its not just been one problem and these people have forged ahead regardless of any consideration we might have had and now it looks for planning, certainly none of my concerns, spoke to the neighbour and he blamed the overspray on the person that did it, windows are expensive for him not to give a stuff about overspraying and then blame it because it was just some guy he hired, said he'd get the company in that fitted the solar array but Im not going on their word alone, according to sdcc information over the phone, the array appears to already be over the permitted sq area.

    not sure what tldr is, I'll google it
    sdcc says chimney will be looked at when an enforcement enquiry complaint is lodged, they also told me initially that it was a civil matter, but when I said a lot of the roof is covered (more than half by the looks of it, practically most) that is also planning enforcement, Ive found the panels online, they are almost 2m sq making the entire array 18sq meters, the area wouldnt bother me and I think I realise why its over my property now, as they had to fit around their own velux windows.


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    kceire wrote: »
    Have you got a picture?


    just took one, will send it on, had to do it off phone,
    9 panels at a minimum of 1.44msq but I believe they are more like 2msq, which is 33% over the allowable total area for 9 panels, Id have not said anything if they hadnt gone over our boundary and even then I may have left it if there hadnt been a host of problems before, but I plan to convert my attic, it might not impede me putting in a window where I intend, but I dont know for sure yet and they left no space to only walk on their own roof to install this or carry out any maintenance, Im less concerned about that as I think these are maintenance free, but the attitude regarding over everything has me perplexed as they have always seemed to not think anything applies and they can do what they please, Im astonished someone fitted what appears to be over the allowable area and greater than 50% total area (according to sdcc on the phone) or even if they didnt think they were over my property why risk being so close, I measured up and they are over.
    Trying to send pictures from phone, but slow, need to send to an email, download to laptop then upload to boards

    I had wondered with potential renovations planned (windows etc), should I bring it up with them to be careful about painting their house using a spray rather than brush as any replacement windows would be expensive, thought Id have to send a registered letter to make sure they dont damage any new items we get fitted, no intention of cleaning paint blobs off rubber seals or frames again after paying out for something like that.

    edit have to delete a load of files off phone to send picture to myself then send on


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  • Registered Users, Registered Users 2 Posts: 4,372 ✭✭✭Homer


    1874 wrote: »
    just took one, will send it on, had to do it off phone

    How long ago was the work done? Does google maps show the extent of the work? Its difficult to see from the ground what the extent of the panels would be. Maybe a drone shot or view? Any of the neighbours kids got one :p


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    Homer wrote: »
    How long ago was the work done? Does google maps show the extent of the work? Its difficult to see from the ground what the extent of the panels would be. Maybe a drone shot or view? Any of the neighbours kids got one :p


    this work was done recently, only noticed it today, there was a usual commotion of work going on as they seem to always be at something, I didnt think anything of it as there is always something, hammering or drilling at some point, but I didnt notice any vehicles around, so probably got the job done on a day I was in work, maybe the noise was them covering up the access they made to wire/plumb in the panels.
    I got a picture standing from my back wall, its difficult to see that its over the boundary, but I cant send the file as my phone is maxed out, need to delete something, it isnt very obvious looking at the picture, but standing at ground level looking up, I can see its already around the point they previously painted up to, they seem to think thats the boundary between our houses.
    Was already wondering how Id raise it with them if we got new windows, not to spray them, thinking Id have to send him aregistered letter or a solicitors letter so I had a record covering me if he oversprayed again, when I mentioned the cars he started getting annoyed accusing me of saying he was stupid, but he already sprayed the front of his house when my car was parked there and regardless he managed to get paint on our existing windows and seals, what do you have to do, plead with them not to spray the walls again? just completely unconcerned! thats why they ended up putting their panels over the boundary, dont care and had to fit around their velux windows, can see that now from the view/pic I got.
    Even if they took off the nearest two solar panels the area appears to be too large, I looked up the company he said installed them, and the panels are close to 2m sq, Id never have said anything if that was the case, but in my opinion, they are either clueless, could not give a damn, now Im goign to sdcc with enforcement complaint, they just pushed it too much.

    edit, charging camera, cant get files off phone, seems to be maxd out file capacity


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    Having read in another thread I am now concerned about their existing work being up to standard regarding damage they potentially caused to our party wall, if they had not overstepped the mark (boundary) now, it probably would never have come up. I was never concerned that they didnt appear to include any insulation, more that if they ignored certain parts of the building regulations (part L?) then what else did they ignore.
    Instead of attempting to maintain the peace by not complaining then, looking back now I feel I should have gotten onto the SDCC about it at the time.
    The solar array is over the boundary but not in contact with my roof, its secured further in on their side but overhangs my roof, I believe this is not allowed, no more than if someone was to overhang a gutter or a roof over someones property if they built an extension even if its not in contact.

    I never followed up that I was concerned their work was up to building regulations and I didnt want to rock the boat, Im following up with the council with enforcement regarding the panels now as that is recent, but Im highlighting other concerns (the additional chimney in the backgarden).
    Is there a time limit for following up on other problems? its less than 7 years since their attic was done
    I intended to have an attic conversion and was hoping to start looking into getting this priced and done during the summer, Im concerned if I start getting steels put in, if it highlights damage they actually caused by kango-ing the party wall at attic level (which I know they did) that any weakness or new damage caused could be blamed on me, or I may even be prevented from getting work done.
    The SDCC says 12m sq or 50% (this seems to be an extract and rewording for laymans use from the planning regulations) of total area of roof is allowable for solar panels in an exempted development,


    It does not say if this includes the front or just that its 50% of the back slope of roof,
    I was under the impression you could not put solar panels on the front sloping side of a house (or at least not without planning permission as Ive seen them on new builds) as the SDCCs guidelines are regarding exempted developments I believe the SDCC are referring to 50% of the allowable area of roof within an exempted development? am I correct in that interpretation, that they are only allowed cover 50% of the back slop of the roof?
    (id be pro renewables, and Id never follow up regarding the area had they not had the array over my roof).


  • Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    You need to contact a local Arch/AT/Eng and get a site visit. What your explaining is very confusing/long winded. Site visit will sort this out in 5 minutes. Best money you will spend if it is affecting you this much tbh...


  • Registered Users, Registered Users 2 Posts: 2,409 ✭✭✭1874


    rayjdav wrote: »
    You need to contact a local Arch/AT/Eng and get a site visit. What your explaining is very confusing/long winded. Site visit will sort this out in 5 minutes. Best money you will spend if it is affecting you this much tbh...


    I'll look some up, already thought Id have to get a survey done, already started the ball rolling lodging a complaint for planning enforcement in SDCC, while they got my attention with the overhanging solar panels, the detailed intro was to show, this is not some one off, Im actually concerned now about when they did their attic conversion that they dug out the party wall with a kango, didnt know this wasnt allowed, someone highlighted they should have bolted steels to wall and I know they werent drilling at the time, looked up a website provided elsewhere, will be ringing soon as off work next week, they mention that "oversailing" is not allowed, Id have let stuff slide, but this isnt the first instance, when they spray painted their house, simply did not give two flying fcuks and sprayed our windows and frames with overspray, car parked in driveway, it will not come off the seals, looks crap, its just one thing after another, and the owner blamed the guy that did it, he hired the guy and I believe he knew him, seems to think they can just do as they please and fob off responsibility on others and plead ignorance, he isnt doing himself any favours, as he actually got annoyed for calling him out spraying their house while our cars were out front, started getting annoyed about what I was saying, got very tetchy, basically ended up telling him, if I need to I'll get a solicitor.


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