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Boundary Wall

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  • 19-07-2019 10:44pm
    #1
    kco3d
    Registered Users Posts: 101 ✭✭


    Folks,

    Can someone advise on this please.

    If I build an extension at the rear of my house, greater than 40 sq/m so requires planning, but also one side of the extension uses the boundary wall. The eave of the roof of extension also extends over into other owners land (unused agricultural)

    Now, I apply for planning permission, no objections and planning is granted.

    Is this scenario possible? The boundary wall is jointly owned by myself and the neighboring land owner. If he makes no objection to the planning application and planning is granted is that it?

    Could the neighboring land owner raise any objections in future?

    Thanks.


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    #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,438 Mod ✭✭✭✭Gumbo


    kco3d wrote: »
    Folks,

    Can someone advise on this please.

    If I build an extension at the rear of my house, greater than 40 sq/m so requires planning, but also one side of the extension uses the boundary wall. The eave of the roof of extension also extends over into other owners land (unused agricultural)

    Now, I apply for planning permission, no objections and planning is granted.

    Is this scenario possible? The boundary wall is jointly owned by myself and the neighboring land owner. If he makes no objection to the planning application and planning is granted is that it?

    Could the neighboring land owner raise any objections in future?

    Thanks.

    Planning Permission gives you permission to construct subject to any superseding legislation such as the land conveyance act. So basically, you cannot build over the boundary line without the other owners permission.

    They can initiate legal proceedings which may end up in you removing any construction from their lands at your cost.

    The adjoining land owner doesn’t need to make an observation in this regard.
    From a design point of view, no normal designer would design an extension in this way, they would either agree with the neighbor that a parapet come sup on the boundary and you deal with your water disposal on your side, or you keep the extension within your boundary including all facia, suffice and rain water goods.


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    #3
    kco3d
    Registered Users Posts: 101 ✭✭kco3d


    Thanks kceire. In addition to the planning permission, it makes sense that the land owner would need to give permission.


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    #4
    Calahonda52
    Registered Users Posts: 12,193 ✭✭✭✭Calahonda52


    kco3d wrote: »
    Thanks kceire. In addition to the planning permission, it makes sense that the land owner would need to give permission.
    http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3
    for boundary work.
    the overhang as you describe is not good practice as KC noted

    “I can’t pay my staff or mortgage with instagram likes”.



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    #5
    JustAThought
    Registered Users Posts: 5,323 ✭✭✭JustAThought


    However - having looked out my window and seen my neighbout overhanging his new roof a foot and a half into my garden it is far easier to jeep a tight eye on things and make sure they are ckear whatbis what than have to have a total bananna attack after it is built and force them to take it down. Even better for me that were so yaken aback by my threats and outburst that they did. Courts are expensive and take a long time and even longer to enforce. You'd be better off standing on a ladder in your side of the wall with a lumphammer/Aldi chainsaw.

    People can be ridiculously tunnel visioned over their extension. And I didnt yet mention them putting windows -or attempting to - into the boundary wall tgat faces onto your property and thinking this is ok - its not. Ffs.


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    #6
    iwillhtfu
    Registered Users Posts: 6,367 ✭✭✭iwillhtfu


    It happened to a neighbour of mine he built a large shed with the eaves overhanging his boundary into disused field, a developer bought the field and objected to my neighbours shed and he ended up having to restructure the roof to bring it back within his boundary. Keep in mind this was a good few years after he built the shed with no objections.

    It happens more often than not and inevitably it always comes up in a buyers survey thus holding up a sale or when the adjoining neighbour decides they'd like to build an extension themselves. Do it right the first time you'll never have to worry about it again.


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    #7
    Calahonda52
    Registered Users Posts: 12,193 ✭✭✭✭Calahonda52


    iwillhtfu wrote: »
    It happened to a neighbour of mine he built a large shed with the eaves overhanging his boundary into disused field, a developer bought the field and objected to my neighbours shed and he ended up having to restructure the roof to bring it back within his boundary. Keep in mind this was a good few years after he built the shed with no objections.

    It happens more often than not and inevitably it always comes up in a buyers survey thus holding up a sale or when the adjoining neighbour decides they'd like to build an extension themselves. Do it right the first time you'll never have to worry about it again.
    .
    IIRC the legal position is that the overhang belongs to the neighbour and in the extreme case, the owner need to neighbours permission to sell!

    “I can’t pay my staff or mortgage with instagram likes”.



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    #8
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    It would be most inadvisable to use the boundary wall as a part of the extension's structure. Sure, many do it, but it really isn't great for several reasons.

    You have no idea of the quality of the foundations for starters.
    New adjoining walls will settle ever so slightly more than that wall - could lead to cracks.
    It will be difficult to give it a good structural tie in.
    It may be insufficient to provide compliance with Part L.


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