Neighbours building into my garden

Planning and Development Regulations, 2001
The extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house.
1. (a) Where the house has not been extended previously, the floor area of any such extension shall not exceed 40 square metres.
(b) Subject to paragraph (a), where the house is terraced or semi-detached, the floor area of any extension above ground level shall not exceed 12 square metres.
(c) Subject to paragraph (a), where the house is detached, the floor area of any extension above ground level shall not exceed 20 square metres.
2. (a) Where the house has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 40 square metres.


Sorry for butting in on your thread, but I just wanted to get clarification on one of the points above

I have an extension on my house that I applied for PP for before and it is roughly 22sq m. Does this mean if I was to put a "sunroom" to the back of my house that I didn't need PP for, it could only be a max. size of 18 sq m?
 
Good luck - if they are building on your land or their building overhangs your land then plans mean nothing, whether they had planning or needed planning is not relevant, they are not entitled to build on or overhanging.
 
I'd be going to the Council in relation to the planning issue, and getting a solicitor to deal with the encroachment issue.

The solicitor will probably write a letter asking them to make good the damage, and threaten proceedings, while the Council can pursue your neighbour on any planning violations.
 
i live in northern ireland - is there height restrictions on an extension? its well over 4 metres tall. does it not have to be away from the boundry. god i hate this

thanks
 
capperdown said:
i live in northern ireland - is there height restrictions on an extension? its well over 4 metres tall. does it not have to be away from the boundry. god i hate this

thanks
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Ah, sure that's a whole different legal jurisdiction, so the advice on laws in the Republic is irrelevant, but I'm sure the issues of encroachment would still apply, and the Northern Ireland Planning legislation is probably some way similar on extensions.

UK planning is probably stricter than here, so get on to your local Council asap.
 
Just a point to remember in all this. Planning permission is just that - permission from the Planning Authority. The developer still has to meet lots of other requirements e.g. building regulations, fire regs, and (as relevant in this case) property ownership issues.

If this chap has built in your dad's property without your dad's permission, he will need to remove it. On the other hand, if you dad has given permission, then it stays. It seems that in this case, the neighbour was not very clear on his intentions and dad gave permission on that basis.

If I had to be in one of these positions, I would not like to be the guy who has built on someone else's property without definite permission.

I think a solicitor's letter would sort this very quickly. This is not really a planning issue.
 
N Ireland may be a completely different story however if not, like 3CC said if you Dad gave permission even verbal and its already built then I think it stays. Best thing you can do is threaten legal action if he does not make good your garden, get him to properly landscape it etc. Otherwise take your chances and go the legal route but be prepared for the fact that although you may be morally right, you could lose. Search the internet and you will find nothing in black and white so its down to the Judge and I think its unlikely he will order him to knock the extension. please note that i am saying this without seeing the extension so you may well have a strong case...Good luck anyway
 
3CC said:
Just a point to remember in all this. Planning permission is just that - permission from the Planning Authority. The developer still has to meet lots of other requirements e.g. building regulations, fire regs, and (as relevant in this case) property ownership issues.

If this chap has built in your dad's property without your dad's permission, he will need to remove it. On the other hand, if you dad has given permission, then it stays. It seems that in this case, the neighbour was not very clear on his intentions and dad gave permission on that basis.

If I had to be in one of these positions, I would not like to be the guy who has built on someone else's property without definite permission.

I think a solicitor's letter would sort this very quickly. This is not really a planning issue.
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put it this way, if it were me building I would want the permission in writing. Verbal means nothing
 
"if it were me building I would want the permission in writing. Verbal means nothing"

So would I but hine sight is great
 
hind sight is 20/20 :) we are really kicking ourselves now and that's hard to deal with. at the time the building commenced the property didnt actually belong to me or our dad. it belonged to our uncle who was in a nursing home with alzheimers. anyway we are going to see the plans this morning. im prepared that i will just have to live with it but would compromise if he would take the guttering down and make the roof go to his side. he is not a very compromising neighbour though. We have coucillor in our area involved and he is putting pressure on.. so we are doing everything we can at this point. solicitor has advised to get a surveyor and sue for tresspass but has advised that this may not change anything either.

A recent case solicitor had like this. the neighbour overhung to such an extent the woman could not open her bedroom window fully!! they sued and the Judge ordered that the neighbour had to put in a concealed gutter which helped and got £2000 compensation! although he had to pay the court costs as well which were £10000 but it doesnt change the fact that building is still there.
 
Would your dad & you not call in to the neighbour and discuss this with him, people are very quick to run to the council / solicitor etc. You will have to live beside this neighbour after this.
If i am understanding you correctly, it's the overhanging facia / Guttering that is the issue only, then see what the neighbour says before you go gung-ho looking for a fight, causing stress on many levels.

Sorry - Didn't see your last post OP - Ignore all of the above.
Even if he is difficult, might be no harm chancing talking to him first.
 
Wolverine, regarding talking to him we have tried. I wrote him a nice note which he ignored. Then dad rang him thinking he hadnt got the note. He told us it wasnt his problem and hung up.

We are reasonable people and the last thing we want is to have to go to court but he is being very unreasonable.

We saw the plans this morning and he has built 11 inches outside where his plans say he should have built his wall. Now the planning office have referred this to their enforcement team.

Has anyone any knowledge of what the enforcement team can/may do?

i see they are moving back into their property this evening. Does it make any difference if they are now occupying the property?
 
mad... i just was walking up that side of my garden and i actually hit my head on their guttering!!
 
capperdown said:
Wolverine, regarding talking to him we have tried. I wrote him a nice note which he ignored. Then dad rang him thinking he hadnt got the note. He told us it wasnt his problem and hung up.

We are reasonable people and the last thing we want is to have to go to court but he is being very unreasonable.

We saw the plans this morning and he has built 11 inches outside where his plans say he should have built his wall. Now the planning office have referred this to their enforcement team.

Has anyone any knowledge of what the enforcement team can/may do?

i see they are moving back into their property this evening. Does it make any difference if they are now occupying the property?
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I would say that them occupying doesn't make any difference but hopefully the enforcement division give him his just desserts

If they don't then Homebase have a 10% sale on sledge hammers
 
i wonder would i be within my legal rights to knock down a wall that was built on my land? or at least chip the rendering off it!!
 
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