Rebuild burnt down house

Ubbquittious

There is a house for sale here that burnt down about 10 years ago. Do you have to get planning permission to re-build it the way it was originally?

DOCARCH

Yes, planning permission required.

chooseusername

https://www.boards.ie/discussion/comment/119644653#Comment_119644653

Wasn't there a discussion on this with housing minister lately (maybe last year)?

Here it is;

https://www.oireachtas.ie/en/debates/question/2021-03-03/336/#pq-answers-336

No change then.

Any point going for a section 5?

Ubbquittious

Interesting

sydthebeat

https://www.boards.ie/discussion/comment/119647018#Comment_119647018

no point going for a section 5 as there is no aspect of the "exempted development regulations" that you can point to to argue rebuilding a fire damaged house is exempted development.

planning is required, and highly likely to be granted if its like for like structure.

remember as well, the new structure must comply with current building regulations

Ubbquittious

https://www.boards.ie/discussion/comment/119649510#Comment_119649510

That might be quite hard to do if you reuse the old walls and floor as they are not insulated. If someone's house burns down does the insurance foot the bill to rebuild an A rated one?

muffler

https://www.boards.ie/discussion/comment/119649727#Comment_119649727

I think the assumption is that the walls are either gone completely or would be demolished. A rebuild in the circumstances would be a complete new build hence the reason that a Section 5 application would be pointless.

sydthebeat

https://www.boards.ie/discussion/comment/119649727#Comment_119649727

you asked "do you need permission to rebuild it the way it was originally"

i said "when you rebuild, you need to comply with the current building regulations"

if the way it was originally doesn't comply with current standards, then your going to need to find a solution to that problem.

if its a new build from scratch, then the assumption is that theres nothing left of the original so the new build is unhindered in its compliance with regs.

if its not a new build from scratch, then there are other aspects of the regulations that the build must comply with.

Take Part L as one example, a new build from scratch will have to comply with "new dwelling" and achieve a (in general) A2 rating

If its not a complete new build from scratch, it will have to comply with the "major renovations" aspect of part L, and have to achieve (in general) a B2 rating.

Most building regulations have this difference between 'new' and 'alteration to existing'

Ubbquittious

https://www.boards.ie/discussion/comment/119651507#Comment_119651507

https://www.boards.ie/discussion/comment/119651192#Comment_119651192

No, old walls still there and want to reuse, apologies for the confusion. There appears to be an old septic tank. Will they create a fuss about that? I know this is a common issue that comes up. Do they play the local needs card if it's a pre-existing structure? Though it is very unlikely I will have a problem even if they do play it.

muffler

https://www.boards.ie/discussion/comment/119663159#Comment_119663159

They could look for an independent report on the tank and percolation area if any. I can't see them querying local needs policies in the circumstances but if you're covered in this regard then it's one thing less to worry about.

Mellor

https://www.boards.ie/discussion/comment/119649727#Comment_119649727

If somebodys house burns down, the insurances pays for ever it was insured for. If there enough money to rebuild an A rated house, they can do that. As it's not a planning issue.

But not sure how that's relevant to this situation.

Ubbquittious

https://www.boards.ie/discussion/comment/119671021#Comment_119671021

It doesn't matter in this case but I can imagine how someone would be completely stuffed if their run down old house burns down and they are forced to replace it with an eco-bling one

Ubbquittious

https://www.boards.ie/discussion/comment/119663787#Comment_119663787

Looks like you are dead right about the local needs not applying but they sure do keep their cards close to their chest regards to anything else. The only other useful information I've been able to get from it is their definition of a ruined building. They don't even mention a KM limit anymore for cases where the local needs do apply except for Cork metropolitan where its a measily 1.5

sydthebeat

https://www.boards.ie/discussion/comment/119677960#Comment_119677960

your house should be insured for the REBUILD costs (including demolition and removal).... and NOT what the market value is.

If its not insured for the rebuild cost, then it underinsured.

https://www.aig.ie/content/dam/aig/emea/ireland/documents/brochures/scsi-house-rebuilding-guide-2018-min.pdf

Mellor

https://www.boards.ie/discussion/comment/119677960#Comment_119677960

I’m not sure I follow. Why would somebody be stuffed? Building a better rated house is a positive.