Building on boundary - extending party wall

lawred2

Hi,

In the process of planning a small single storey ground floor extension - 10sqm

Requires planning permission

As it stands - the neighbour is happy enough for us to build on the boundary and extend the party wall. He said he might make use of the wall in the future.

I'm unsure as to whether building on the boundary line and extending the party wall is something that people think is worth the hassle... Would it be better to be just inside the boundary and not involve the neighbours property at all?

If we do go ahead - I'd like to protect both their and our interests... Is there a party wall agreement that we can enter into that's fair to both of us?

If yes - has anyone had one such an agreement drawn up? Is there a sample/template I could look at? Give me an idea of what to put in front of the neighbour!

Thanks.

con747

Is that not exempt from planning as it's under 40 square meters.

lawred2

con747 wrote: »

Is that not exempt from planning as it's under 40 square meters.

planning condition imposed on the estate's original planning permission grant...

No idea why but any size of an extension needs to go through Fingal CC.

con747

lawred2 wrote: »

planning condition imposed on the estate's original planning permission grant...

No idea why but any size of an extension needs to go through Fingal CC.

Ok, I would check that out to be sure. One issue I encountered in the past with a boundary was the neighbour decided to not grant access to do any cosmetic work or structural work on the wall. You might get on now but things can change so do your homework on the legalities.

TheW1zard

If you build it on your land, if something ever goes wrong with it itll be your cost.
If you share the boundary youd both be liable or responsible for it.

Ive read a few threads on this recently where people bemoan people drilling into 'their wall' or the woman who painted 'her capping'

Walls and neighbours!

Calahonda52

http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3
.
build on the boundary line

lawred2

Calahonda52 wrote: »

http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3
.
build on the boundary line

interesting

So I could nearly print two copies of that out - the both of us sit down and read it, discuss it and sign it...

At least it would mean that both owners are on the same page

con747

lawred2 wrote: »

interesting

So I could nearly print two copies of that out - the both of us sit down and read it, discuss it and sign it...

At least it would mean that both owners are on the same page

Seek legal advise before assuming it is a legal contract if you do that.

sydthebeat

lawred2 wrote: »

interesting

So I could nearly print two copies of that out - the both of us sit down and read it, discuss it and sign it...

At least it would mean that both owners are on the same page

doesn't matter if you don't sign it... its the legislation that covers party boundaries.

and i agree with the above, absolutely build on the boundary and share the wall.

lawred2

sydthebeat wrote: »

doesn't matter if you don't sign it... its the legislation that covers party boundaries.

and i agree with the above, absolutely build on the boundary and share the wall.

ok - you think it's the best way forward from a project outcome point of view!?

I know signing the legislation doesn't make it a contract nor does it bequeath any rights or responsibilities that don't already exist under the legislation - but it might ensure relations with the neighbour stay good if they feel that I'm considering all their rights and my responsibilities. I'd like them to speak with our builder as well in case they have any concerns.

Maybe I'm overthinking it but I have a habit of doing that..

sydthebeat

lawred2 wrote: »

ok - you think it's the best way forward from a project outcome point of view!?
..

absolutely

it maximizes the space you can use and you are not left with awkward alcove spaces which are difficult to render, maintain and keep clean.

for example a cavity wall - boundary wall - cavity wall arrangement could easily take up over 1 meter of width... whereas a shared cavity wall as the boundary way might only take up 300mm.. so thats a 300mm (or one foot) each of width that both you and your neighbour can have as useable floor space.