Objecting to neighbours extension

DublinHun72

looking for some advice please if anyone has had a similar experience.
I am trying to find out if bad building work would fall under a breach of planning permission exemption rules?

I am looking to lodge an objection to a neighbors recently built extension but finding it impossible to get any advice or help from my LA. They have just sent me a form to complete to report an "unauthorized development. The notes on the form say to send form in for the following reasons.

A development is unauthorised when:

• Planning Permission is required and has not been obtained.
• Planning Permission has been granted but the development is not been carried out in accordance with the plans lodged or conditions of the planning permission granted.
• It does not comply with all the conditions and limitations to qualify a development as exempt.

The dimensions are within the limits for planning permission exemption but my issue is with the standard of the build - it was a DIY build and apart from being a total eyesore I cannot see how it would be compliant with any safety regulations. It is also impeding on my garden but I understand that is a civil matter and I am waiting on a call from solicitor regarding this.

Calahonda52

Post some pictures.
There are many DIY builds out there which exceed the standard achieved by professional builders.

You are clearly pi$$ed off with the build and are clutching at opinions.
If it encroaches on your garden let's see some more detail.
Your solicitor is the only one who will make money here

BryanF

attack the post, not the poster please

OP, welcome to the planning forum, perhaps some more detail on the non-compliance’s could be provided?

DublinHun72

BryanF wrote: »

attack the post, not the poster please

OP, welcome to the planning forum, perhaps some more detail on the non-compliance’s could be provided?

thank you

the build is wooden, and the sides are covered in with pieces of sheets of plastic glued together (now covered over with mypex type material )

Windows are fitted badly with visible expanding foam.

drains are attached to the side of it with brackets and held on at the front of the roof with expanding foam (again all pieces of materials stuck together). they are not tucked in under the roof.
Wires are visible coming down the side and not fully covered in just behind where the drain starts

Wires and pipes coming out of the house over the buildings roof.
parts of the wood under the roof going down the building are already split where the screws were put in too tight.

Underneath the roof edges have exposed fibre glass type material.
the sheeting that covers the roof doesn't come fully down in parts and you can see pieces of wood glued together underneath that form part of the roof.

I have had a qualified electrician and builder look at it and both were shocked and didn't think the work would pass standards.

Calahonda52

Well you might be onto something with the wiring as the new rules are very clear on what a homeowner can/cannot do

https://safeelectric.ie/contractors/wp-content/uploads/sites/2/2018/12/Dec-2018-Newsletter-Final.pdf

wildwillow

Your best bet is to report a dangerous building, as in a fire hazard, going by the electrical fitting. But it is not feasable to get it removed just because it's an eyesore. If it is encroaching into your garden you are going the correct route in engaging a solicitor.

Also check if it complies with rules on how much of garden has been lost and how much remains.

It is a horrible situation.

DublinHun72

wildwillow wrote: »

Your best bet is to report a dangerous building, as in a fire hazard, going by the electrical fitting. But it is not feasable to get it removed just because it's an eyesore. If it is encroaching into your garden you are going the correct route in engaging a solicitor.

Also check if it complies with rules on how much of garden has been lost and how much remains.

It is a horrible situation.

thank you - I really wouldn't want it taken down but I would like to know it is safe or just rectified. I can deal with the encroachment issue with my solicitor.

drunkmonkey

What size is it, sounds like a temporary structure(wooden). They might not need any permission, is it a shed or a house extension?

Gumbo

Planning enforcement will not look at the building standard.

You have to report it to your local Building Control Section.

DublinHun72

drunkmonkey wrote: »

What size is it, sounds like a temporary structure(wooden). They might not need any permission, is it a shed or a house extension?

it is a large wooden build - about 25msq. It most likely doesn't need permission by the size - it is used as living quarters

DublinHun72

Gumbo wrote: »

Planning enforcement will not look at the building standard.

You have to report it to your local Building Control Section.

thank you so much.

smelly sock

Post some pics. Sounds shocking.

Limpy

Your neighbor's will probably be forced to fix it, rightly so. They wouldn't take it likely tho. You'll be known as the person who complained. Some people would try even the score.

Would be be better to talk with them personally.

Iodine1

Not getting at you but the building standard is of no concern of yours. If it leaks, falls apart etc, it's not your look out. Now, however if it is a danger to you, as in bits likely to fall into your garden or such, then it should become a condemned structure and the local authority have a role to play there, I would think.

Dudda

Interesting one. I'm not sure you can do much. Presuming it's under the required area and doesn't require planning permission and the remaining garden has enough green space and they built it themselves so it doesn't need sign off, BCAR or anything to draw down a mortgage or loan payment I'm not sure what you can do.

In my opinion loose wires, exposed foam and insulation, etc could potentially be classified as snags that need to be finished. All projects have snags but this may have lots more than others. Presuming it's structurally sound and not going to fall down I don't see what the Building Control of the local authority can do. They can't tell someone to trim back expanding foam around windows and make good, etc. Part D of the Building Regulations deals with 'Materials and Workmanship' but it's very general and vague. For example timber must have a CE mark, etc and if they purchased the timber locally at a builders merchant it will be fine.

I don't see how rainwater gutters are stuck on with foam. Water is very heavy and they'd have fallen off after a heavy spell of rain if they didn't have at least a few screws or nails someplace. Whatever once it take away the water it's doing it's job. Also rainwater goods on any house can be come loose for a variety of reasons. A tile came off my parents house a few years ago in a storm and damaged the gutter. You really need to post photos to help us find something that is dangerous or doesn't comply with regulations.

The only issue is if part of it extends over your property in which case its a solicitor which you've contacted. Even in this case all the neighbour has to do is trim back or relocate any gutter or roof that overhangs your property.

BnB

DublinHun72 wrote: »

thank you - I really wouldn't want it taken down but I would like to know it is safe or just rectified. I can deal with the encroachment issue with my solicitor.

I think (correct me if I'm wrong) that your real issue here is the encroachment and that is perfectly acceptable.

If it is, then I think you need to focus on that with your solicitor. I think you will just end up wasting energy on this and lose focus on your real issue.

Gumbo

BnB wrote: »

I think (correct me if I'm wrong) that your real issue here is the encroachment and that is perfectly acceptable.

If it is, then I think you need to focus on that with your solicitor. I think you will just end up wasting energy on this and lose focus on your real issue.

+1

Also, if it is indeed over sailing and outside the boundary, then technically it’s not exempted development.

OP, may I ask were you not informed of the building works before it all started? The thing is that objecting to a structure after it's already been finished is going to take a better basis than simply "I don't like it". You'd have to show some genuine wrong-doing, like submitting "Plan A" to the council who approve and then building "Plan B" behind their backs or whatever.

If you're trying to say they went ahead and built the thing without planning permission or that the plans submitted are not what for what was actually built, then fair enough, they'll probably have to bulldoze the place unless they have a good reason to appeal. If it's under such a size that wouldn't require permission in the first place it's hard to see how you can view this as any of your business, other than the obvious issues of it posing a fire/access/safety problem to your property, encroachment of your privacy by a window, overhanging gutters, etc.

Unless you have any of those clear and identifiable problems, simply not liking the look of the place isn't going to get you far.

sydthebeat

encroachment is very simple....

if any of the structure protrudes over half way of any boundary between you and your neighbour, its an issue... if it doesnt, its not an issue.

on the build quality, a single storey detached structure used for a summer house, poultry-house aviary, conservatory, coal shed, garden tool shed or bicycle shed and under 25 sq m is exempt from building regulations.... so Building Control may not have any jurisdiction over this

SI 497 of 1997

Macker1

DublinHun72 wrote: »

thank you

the build is wooden, and the sides are covered in with pieces of sheets of plastic glued together (now covered over with mypex type material )

Windows are fitted badly with visible expanding foam.

drains are attached to the side of it with brackets and held on at the front of the roof with expanding foam (again all pieces of materials stuck together). they are not tucked in under the roof.
Wires are visible coming down the side and not fully covered in just behind where the drain starts

Wires and pipes coming out of the house over the buildings roof.
parts of the wood under the roof going down the building are already split where the screws were put in too tight.

Underneath the roof edges have exposed fibre glass type material.
the sheeting that covers the roof doesn't come fully down in parts and you can see pieces of wood glued together underneath that form part of the roof.

I have had a qualified electrician and builder look at it and both were shocked and didn't think the work would pass standards.

Maybe the build is not finished ???

Any Pics ???

80j2lc5y7u6qs9

sydthebeat wrote: »

encroachment is very simple....

if any of the structure protrudes over half way of any boundary between you and your neighbour, its an issue... if it doesnt, its not an issue.

on the build quality, a single storey detached structure used for a summer house, poultry-house aviary, conservatory, coal shed, garden tool shed or bicycle shed and under 25 sq m is exempt from building regulations.... so Building Control may not have any jurisdiction over this

SI 497 of 1997

sorry jumping in OP


If it is over 25 sq m mostly wood except door does it need planning.? It is down the garden from the house and seems to be a summer house .
If it is a semi D I read it should it be 12 sq m. Does this apply if not attached to the house

Gumbo

Jolie Grumpy Huntsman wrote: »

sorry jumping in OP


If it is over 25 sq m mostly wood except door does it need planning.? It is down the garden from the house and seems to be a summer house .
If it is a semi D I read it should it be 12 sq m. Does this apply if not attached to the house

You have your figures completely mixed up there.
25 is for sheds.
12 is for first floor extensions.

1874

sydthebeat wrote: »

encroachment is very simple....

if any of the structure protrudes over half way of any boundary between you and your neighbour, its an issue... if it doesnt, its not an issue.

on the build quality, a single storey detached structure used for a summer house, poultry-house aviary, conservatory, coal shed, garden tool shed or bicycle shed and under 25 sq m is exempt from building regulations.... so Building Control may not have any jurisdiction over this

SI 497 of 1997

is that encroachment or oversailing? whats the usual process for dealing with that? an is there time limit like planning breaches?

Gumbo

1874 wrote: »

is that encroachment or oversailing? whats the usual process for dealing with that? an is there time limit like planning breaches?

Civil issue.
Council won’t get involved.

1874

Gumbo wrote: »

Civil issue.
Council won’t get involved.

I understand that, just wondering whats the usual process to deal with it and if there are time limits, I approached a solicitor myself and was given an approxiomate but hefty cost, but was told Id need tonlocate an engineer to assess it myself, after a bit of ringing around I couldnt get anyone to carry out an assesment, all seemed.to be small one man/person business and Id.prefer a company, didnt locate anything under engineers search when Inwent looking,.and then covid.and it fizzled out, hence looking to follow it up, otherwise the other person is taking the proverbial and getting away with it.

Gumbo

1874 wrote: »

I understand that, just wondering whats the usual process to deal with it and if there are time limits, I approached a solicitor myself and was given an approxiomate but hefty cost, but was told Id need tonlocate an engineer to assess it myself, after a bit of ringing around I couldnt get anyone to carry out an assesment, all seemed.to be small one man/person business and Id.prefer a company, didnt locate anything under engineers search when Inwent looking,.and then covid.and it fizzled out, hence looking to follow it up, otherwise the other person is taking the proverbial and getting away with it.

Most companies won’t take it on as the time to cost ratio is too high.
You’d be better off with a one man band providing he/she has the qualifications, competence and experience. Those are the 3 things a judge will look for in an expert witness should it go to court.