How much can you build without needing planning permission?

actuallylike

Hello all,

A house on my estate has extended into their back garden. It puts their neighbours garden into the shade all day, what was once a lovely sun trap now doesn't get a ray of sun.

There was no planning permission, but I heard that if you only extend something like 3-4m back and don't go higher than one story, you don't need any permission. Is this true? Even if what you're building has an effect on your neighbours?

Thanks all, don't think my neighbour will do anything about it. She's too nice to raise a fuss, I'm just curious. Also want to warn her to hold her horses in case she does start going mad about planning permission, if it turns out it wasn't required.

Effects

https://www.citizensinformation.ie/en/housing/planning_permission/planning_perm_altering_a_house.html

BronsonTB

Generally, you will not need planning permission for:

Building an extension to the rear of the house which does not increase the original floor area of the house by more than 40 square metres and is not higher than the house. The extension should not reduce the open space at the back of the house to less than 25 square metres which must be reserved exclusively for the use of the occupants of your house. If your house has been extended before, the floor area of the extension you are now proposing and the floor area of any previous extension (including those for which you previously got planning permission) must not exceed 40 square metres. (There are also other height restrictions.)

Source & more info: https://www.citizensinformation.ie/en/housing/planning_permission/planning_perm_altering_a_house.html

antodeco

Something to be aware of, unfortunately there is "no right to light" regardless of planning permission or not.

n97 mini

antodeco wrote: »

Something to be aware of, unfortunately there is "no right to light" regardless of planning permission or not.

It's not that simple. If a window enjoyed 12 years of uninterrupted light, there may be an easement. If it's actionable depends on the amount of light lost to the room the window is in. There is a guidance document here.

actuallylike

Thanks for the links, there is this quote about "material change of use". I guess that's talking bout changing the "use" of the property but could this be argued against the building?

"If you want to make a material (that is, substantial) change to the use of land or buildings which will have an actual or potential impact on neighbours or the local community, then you will need planning permission."

I mean, it's substantial in size. They're small houses so it's around half the size of the ground floor. Their garden has now been halved.

And I don't think there's arguments about "impact on neighbours". The garden is blocked on one side by a big wall, it's not just the light, it looks enclosed now.

Don't mean to get emotive about, just feel for the aul wan.

Gumbo

actuallylike wrote: »

Thanks for the links, there is this quote about "material change of use". I guess that's talking bout changing the "use" of the property but could this be argued against the building?

"If you want to make a material (that is, substantial) change to the use of land or buildings which will have an actual or potential impact on neighbours or the local community, then you will need planning permission."

I mean, it's substantial in size. They're small houses so it's around half the size of the ground floor. Their garden has now been halved.

And I don't think there's arguments about "impact on neighbours". The garden is blocked on one side by a big wall, it's not just the light, it looks enclosed now.

Don't mean to get emotive about, just feel for the aul wan.

No.
Change of use is changing from residential to commercial or similar.

What is the real problem, if you say the actual neighbour isn’t bothered?

actuallylike

Gumbo wrote: »

No.
Change of use is changing from residential to commercial or similar.

What is the real problem, if you say the actual neighbour isn’t bothered?

She is bothered, just won't speak up about it.

Effects

It's likely she can't do anything about it and it doesn't breach planning regs.
Did the neighbour talk to her before it was built, to discuss their plans?

BronsonTB

She will have to speak up to the local council & ask them to check it falls under the size required if no planning was sought.
It will also affect her resale value if the garden no longer gets light.

Gumbo

BronsonTB wrote: »

She will have to speak up to the local council & ask them to check it falls under the size required if no planning was sought.
It will also affect her resale value if the garden no longer gets light.

She can’t just do that.
She would have to make an official complaint to the Planning Enforcement Section and they will come out and check to see if it’s exempt or not.

She must give her full name and address etc and the neighbor may cop who complained.

Best bet is for the 2 neighbors to talk to each other.
Or if the OP wants to outline the measurements or as close to, then we can give our experienced opinion on whether planning would be required or not and take it from there.

No point opening a can of worms and a world f hate between neighbors if the works are exempt in the first place.

actuallylike

She didn't ask apparently, but I guess if you're allowed and you've decided you're going to do it, probably best not to ask. If they say no, and you go ahead anyway, you come across worse.

It looks like they were allowed anyway, I figured the builders wouldn't take a job without permission anyway and it seems like it fits into the category of what's allowed. Just a bad buzz for the neighbour. Lives by herself, all she has is that garden 😔

Gumbo

actuallylike wrote: »

She didn't ask apparently, but I guess if you're allowed and you've decided you're going to do it, probably best not to ask. If they say no, and you go ahead anyway, you come across worse.

It looks like they were allowed anyway, I figured the builders wouldn't take a job without permission anyway and it seems like it fits into the category of what's allowed. Just a bad buzz for the neighbour. Lives by herself, all she has is that garden ��

In the same breath, she can extend in the same manner. We are all allowed to enjoy the exemptions as they are set out nationally.

Effects

actuallylike wrote: »

She didn't ask apparently, but I guess if you're allowed and you've decided you're going to do it, probably best not to ask.

It's best to talk to your neighbour and explain what you plan on building.
They don't have to ask really, just inform. Might as well start off on a good foot.

In my previous house, the neighbour built a sunroom without mentioning it to me, as I was away for a couple of months. When I did notice, mid build, I was able to have a word and they made the parapet wall on the boundary slightly smaller than they had planned, which meant I retained more light.

ooter

does this apply to LA houses, would you need to ask them for permission to add an extension?

sydthebeat

ooter wrote: »

does this apply to LA houses, would you need to ask them for permission to add an extension?

absolutely, if you are a tenant

not at all if you are an owner

Gumbo

ooter wrote: »

does this apply to LA houses, would you need to ask them for permission to add an extension?

Yes. If your renting the house you need to ask the landlord for permission to alter their property. In this case, you approach the local area office with your plans. The area engineer visits the house. You will need an engineer, architect or surveyor on board as they have to certify the works and confirm before anything starts if planning is or is not required.

If planning is required, a letter of consent from the local area office is required.

Effects

Why would someone pay to build an extension on to a house they don't even own. Doesn't make sense.

Gumbo

Effects wrote: »

Why would someone pay to build an extension on to a house they don't even own. Doesn't make sense.

It happens very very regularly here in Dublin.
It can be seen as a good sign in fairness, as if the person is renting from the council and are willing to invest their own money in the property, it’s a good sign the tenant is a good one. Plus, when they eventually get the chance to buy the house from the council, they can subtract the money they put into the house from the current valuation at the time som(t never comes back to bite them.

actuallylike

Effects wrote: »

Why would someone pay to build an extension on to a house they don't even own. Doesn't make sense.

They do own it, sorry if it was implied that is was rented out something else