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Legalities of accessing your own roof

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    #32
    seannash
    Registered Users Posts: 5,672 ✭✭✭seannash


    Ray Palmer wrote: »
    You can't put up a fence without planning permission.
    Yep I understand this, However I can put it up, nothing can stop me doing it however the council can tell me to take it down due to not having planning permission



    [/QUOTE] The roof has not been speced for people because of access. A roof will by its nature be strong enough to carry people. The walls may not be strong enough for a fence either. [/QUOTE]


    I worked with my architect and structural engineer to design it to take the weight as if it were a roof garden. I told them I will be up there and they designed it as such


    [/QUOTE]
    You are taking up information incorrectly. Planning is not just about selling.
    Why don't you just apply for planning? You should have the drawings from the extension so easy to do.[/QUOTE]


    The main house is a protected structure, applying for any change requires extensive plans to be drawn up, a conservation architect must do a report even if the main part of he building isn't being touched.
    Its quite costly to do, I cannot resubmit my prior reports, I can resubmit my drawings I believe. This is my understanding as I called the planners about something else related tot he extension during the build and this was the response I got.
    Apologies for the ****e multiquoting


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    #33
    Ray Palmer
    Registered Users Posts: 8,360 ✭✭✭Ray Palmer


    I wouldn't for a second believe an architect or builder did without documentation.
    Not true about the protected structure if you are talking about the extension you won't need the protected structure part. You will be applying for change of use.
    You can of course do what you like but don't dismiss planning enforcement as a light thing. If you fall off the roof your insurance won't be valid. If it is a guest in your house it gets much worse. They fine as well as make you take it down.

    Your choice but I doubt your neighbours will ignore it. I have and will report any planning violations that effect my property or area. I have a similar issue with a flat roof but won't do a thing without planning and proper independent inspection


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    #34
    MrMusician18
    Registered Users Posts: 7,236 ✭✭✭MrMusician18


    seannash wrote: »
    Thanks again,
    I guess the consensus is, its not legal to advertise it as a roof garden unless planning is obtained however occasional use is okay as long as no one complains of overlooking or me being up there.


    In terms of erecting a glass safety fence, Id have to take it down if I was selling with no planning for the roof garden. It may also draw attention to it and as a result complaints might be made.


    The weight issue, I'm not too worried about as it was spec'd for taking people up there as even though we knew we wouldn't get planning for a roof garden we knew we would probably go up there on good evenings just to look out over the town.


    I think that's most angles covered :)

    Unless you specifically told the engineer that you wanted to use it as a balcony it's unlikely to designed for a strength beyond maintenance load, which is not nearly enough for balcony use.

    You are also likely to crack plasterboard ceilings under.


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    #35
    seannash
    Registered Users Posts: 5,672 ✭✭✭seannash


    Ray Palmer wrote: »
    I wouldn't for a second believe an architect or builder did without documentation.
    I'm not sure why you don't believe this,they overspecced it. I said if this was a roof garden what would I need to do, they put that in the plan details and the builder built that.

    I'll recheck about the planning, perhaps a change of use is a different topic but when I went to change the position of a window from one wall to another wall my local planner said I would need to submit everything again. I'll revisit it though

    I have been out on the roof before, I guess I'd just like to make it safer with the glass fence. I may revisit my initial idea of a fold down surround. Surely repairs are allowed and if so surely safety precautions to do those repairs are allowed. I guess that's where I'm coming from in regards how to circumvent applying for (what I thought) was costly planning permission for the few days I'd be on it


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    #36
    seannash
    Registered Users Posts: 5,672 ✭✭✭seannash


    MrMusician18 wrote: »
    Unless you specifically told the engineer that you wanted to use it as a balcony it's unlikely to designed for a strength beyond maintenance load, which is not nearly enough for balcony use.

    You are also likely to crack plasterboard ceilings under.

    Not a balcony but yes I told him I'd be accessing it and spec it as a roof garden. The access is though a regular staircase (think of a stira I guess but nicer) situated in the new extension. I don't enter from the main building onto the roof of that makes sense


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    #37
    Ray Palmer
    Registered Users Posts: 8,360 ✭✭✭Ray Palmer


    I would stop looking for loopholes and just do It properly. Planners aren't stupid and if a neighbours says you are using it as space not for maintenance they aren't going to buy what you are saying.
    Insurance is an issue for the whole house if you do this.


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    #38
    Carlos Orange
    Registered Users Posts: 2,499 ✭✭✭Carlos Orange


    Since it is designed, spected and built to be a roof garden I would have thought that would make any eventual planning issues (should they happen) more serious since it is premeditated and deliberate planning violations.


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    #39
    seannash
    Registered Users Posts: 5,672 ✭✭✭seannash


    psinno wrote: »
    Since it is designed, spected and built to be a roof garden I would have thought that would make any eventual planning issues (should they happen) more serious since it is premeditated and deliberate planning violations.

    It's not as sinister as you make it out to be. We knew we were going to be going up there so we made sure it could safely take our weight.
    We won't be having big parties up there.


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    #40
    seannash
    Registered Users Posts: 5,672 ✭✭✭seannash


    Ray Palmer wrote: »
    I would stop looking for loopholes and just do It properly. Planners aren't stupid and if a neighbours says you are using it as space not for maintenance they aren't going to buy what you are saying.
    Insurance is an issue for the whole house if you do this.

    I understand your point on this and it's given me some things to consider but if the weather is nice tomorrow I'll be going up there.
    I may well pursue planning permission for it in the long run


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