Fence height limit

Roanmore

Hi,

Just wondering if anybody could answer a query I have on a fence extension height.

Small bit of background. Our garden backs on to another garden which is a gable end house with a large garden. There were a number of trees in their garden which gave us privacy from their house.
However today they cut down those trees and they can see right in to our kitchen and living room and upstairs bedrooms and have full view of our garden.

Due to the way their house and garden is set up they still have full privacy in their house, I know it sounds strange and I’m probably not explaining it properly but I don’t want to distract from my query.

We’re looking at maybe putting a fence extension on to the wall between the 2 properties from our side. The wall is 2m high already, are we able to put an extension on? If so how can we go and do we need planning permission?

TheBoyConor

Boundary walls and fences are exempt up to a maximum height of 2m. If you want to extend it up further you will have to get planning permission. And depending on the neighbours, they might well object to it. And if you just go and apply without telling them the will almost certainly object to it as a dig for not considering to ask them in the first place what they thought of the idea.


Also, you'll have to comply with the party structure legislation in that you will have to compensate the neighbour for any inconvenience or damage that might be done.

You'd also be well advised to consult with them and come to some agreement rather than just them coming home one day and the wall is now 3m high instead of 2m. If that happens they could start a dispute and it could end up in court.

Roanmore

TheBoyConor wrote: »

Boundary walls and fences are exempt up to a maximum height of 2m. If you want to extend it up further you will have to get planning permission. And depending on the neighbours, they might well object to it. And if you just go and apply without telling them the will almost certainly object to it as a dig for not considering to ask them in the first place what they thought of the idea.


Also, you'll have to comply with the party structure legislation in that you will have to compensate the neighbour for any inconvenience or damage that might be done.

You'd also be well advised to consult with them and come to some agreement rather than just them coming home one day and the wall is now 3m high instead of 2m. If that happens they could start a dispute and it could end up in court.

Cheers, thanks for that.

Yeah, wasn’t going to just put it up, was wondering what the regulations were.
Might be easier to put some trees up on our side.

TheBoyConor

No problem. I was just saying it because you would be surprised at the liberties some people decide to take party walls and boundaries without saying anything to anyone, they just have at it and it all ends in an expensive stressful mess for everyone.

Markcheese

Could you get some tallish trees on your side to help screen your property , tall trees aren't cheap but it could be a good solution ,
putting a foot or 2 of latice on top of the existing wall could help block sight line without blocking out light or feeling too imposing .. just say it to the neighbour first ...

Calahonda52

TheBoyConor wrote: »

..

Also, you'll have to comply with the party structure legislation in that you will have to compensate the neighbour for any inconvenience or damage that might be done.

Where does
http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3
specifically refer to and price up inconvenience?

TheBoyConor

Calahonda52 wrote: »

Where does
http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3
specifically refer to and price up inconvenience?

Section 44 (2) (b) (ii)

(2) Subject to subsection (3), in exercising any right under subsection (1) the building owner shall—
(a) make good all damage caused to the adjoining owner as a consequence of the works, or reimburse the adjoining owner the reasonable costs and expenses of such making good, and
(b) pay to the adjoining owner—
(i) the reasonable costs of obtaining professional advice with regard to the likely consequences of the works, and
(ii) reasonable compensation for any inconvenience caused by the works.

So they will have to agree a reasonable level of disturbance money if the neighbour wants it and if it is a reasonable request. It would be best to get professional advice in advance and make an agreement as if it all goes tits up and you want to sort it out retrospectively then it'll cost a lot more as people will have been vexed and less inclined to co-operate . Investing some money to ensure this is done properly is money well spent, as a soured relationship with neighbours is something that is rarely ever reversed.

As an example, they could interpret your building the wall as a tit for tat dig at them because they didn't consult you about removal of the trees.

Trust me, I have experience of this. My sister had a falling out with a neighbour when building her house before she ever even moved in because that neighbour was peeved that someone else was building a house next to his. The last 20 years has been just a relentless river of tit-for-tat disputes over and back and complaints made to the council over various issues and then counter-complaints made in revenge to get the council back after the other. I have never seen people hate eachother with such sustained vigour for so long

Roanmore

TheBoyConor wrote: »

Section 44 (2) (b) (ii)



So they will have to agree a reasonable level of disturbance money if the neighbour wants it and if it is a reasonable request. It would be best to get professional advice in advance and make an agreement as if it all goes tits up and you want to sort it out retrospectively then it'll cost a lot more as people will have been vexed and less inclined to co-operate . Investing some money to ensure this is done properly is money well spent, as a soured relationship with neighbours is something that is rarely ever reversed.

As an example, they could interpret your building the wall as a tit for tat dig at them because they didn't consult you about removal of the trees.

Trust me, I have experience of this. My sister had a falling out with a neighbour when building her house before she ever even moved in because that neighbour was peeved that someone else was building a house next to his. The last 20 years has been just a relentless river of tit-for-tat disputes over and back and complaints made to the council over various issues and then counter-complaints made in revenge to get the council back after the other. I have never seen people hate eachother with such sustained vigour for so long

Thanks for all the replies, much appreciated.

We'll probably go with maybe 2 - 3 new trees, not too high but just enough to give us back some privacy.