opaque glass panel facing onto neighbours garden, is it allowed?

H

hogg

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Hi
We are in the final stages of building an extension.
One of the features was a window 1600long and 450mm high which is situated high on the wall so we cant see out without standing on something. It is opaque glass so you cant see out and it doesnt open so its more of a glass panel with frame than a window.
The problem is it is facing onto neighbours garden, just inside the boundry line! I double checked this with Architect , he said is was fine as it was so high up and it was opaque. We didnt want to fall out with our neighbours so at the start of the project we discussed the plans with her showed her the drawings, we went in to discuss the progress with her showing her where the window was etc. The hole for window had been there for 3 weeks and a couple of days agao we stood in her garden discussing it and she was fine with everything!, she was delighted that we were building the extension meant we would be staying in the area for longer.
2 days ago the windows finally went in and the next day she was banging on our door telling us we have broken the law, its an eye sore, she wont be able to sell her house and that she was getting the council out to check the build!

We are waiting on our architect to come back to us on this, and if we are wrong we will of course remove the window straight away and take the hit on the cost.
but Im just wondering has anyone had any experince of anything like this,

Thanks
Hogg
 
Is it a detached or semi/terraced house? If semi or terraced then windows at ground level have to be more than 1 metre from the boundary. From Dun Laoghaire Rathdown Co Co's website:

3.Can I build a window to the side of my extension? Yes, providing the following guidelines are applied;
Terraced and Semi-Detached Houses
Windows at ground floor level shall not be less than 1 metre from the boundary they face. Windows at above ground floor level shall not be less than 11m from the boundary they face. The above applies to terraced s/d dwellings.
Detached Houses
Where the dwelling is detached and the floor area of above ground floor extension is greater than 12sqm windows shall not be less than 11m from the boundary they face.
 
Did you have planning approval for the extension. If you did and the window location and size is as per the plans submitted for approval then your neighbour can't object at this stage.
 
Thanks for the info guys
Our house is mid terrace and we didn't have to get planning permission as our extension is quite small.
We do have another lower level window which is also facing onto the boundary and it is 1m from the boundary line so that's ok. However the window that is under dispute is more of a glass panel in a frame than a window, Its completely opaque and it cant open so its more of an opaque panel placed high up in a wall!. Our builder suggested removing it and replacing with glass bricks which would have the same effect but I don't like them and our neighbour would also have a problem with this.
Our architect is looking into what constitutes a window but I just wanted to see if anyone else had come across this problem!.

I know we will probably have to remove the glass to keep the peace with our neighbour but I hate the thought of the waste of a good (expensive) panel of glass!

H
 
hogg said:
thanks For The Info Guys
Our House Is Mid Terrace And We Didn't Have To Get Planning Permission As Our Extension Is Quite Small.
We Do Have Another Lower Level Window Which Is Also Facing Onto The Boundary And It Is 1m From The Boundary Line So That's Ok. However The Window That Is Under Dispute Is More Of a Glass Panel In A Frame Than A Window, Its Completely Opaque And It Cant Open So Its More Of An Opaque Panel Placed High Up In A Wall!. Our Builder Suggested Removing It And Replacing With Glass Bricks Which Would Have The Same Effect But I Don't Like Them And Our Neighbour Would Also Have A Problem With This.
Our Architect Is Looking Into What Constitutes A Window But I Just Wanted To See If Anyone Else Had Come Across This Problem!.

I Know We Will Probably Have To Remove The Glass To Keep The Peace With Our Neighbour But I Hate The Thought Of The Waste Of A Good (expensive) Panel Of Glass!

H
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:d
 
All new windows that can be seen by the neighbours is controversial and will require permission. You may get away with a simple letter to the council and they may advise that it is not a material change and let you away with it. I doubt it though. if you can see directly on to the neighbours then I'd say you are in the wrong - opaque or not.
You can look a gable but not a garden.

If you look on to neighbours at the rear the window must be 22 metres away from them.

Rules at the front of your hosue are subjective and less strict.
 
Hello Hogg

Been studying your blog about your window business. I'm an
architect who works with clients in the council. From my experience, you're not entitled to have a window facing out onto a neighbour's garden under any circumstances. Apart from that, it would have been in your interest, long term to have gotten Planning Permission for your extension because this permission takes into account issues like the quality of the work involved, building materials used, if the building is over the By-Law approval limit (this applies also to small extensions). In the event of a future sale of your house, many loan companies are very strict with surveying extensions and need to see the papers pertaining to them, so it could be difficult for the buyer to raise funds quickly. Also, your neighbour was probably worried about the house devaluing because of an overlooking window. Your neighbour didnt't have to call to your house instead could of delayed matters by putting it into the local authority's hands, but obviously did the decent thing in dealing with the matter face to face. I cant understand an architect allowing this window in the first instance, opaque or not. Personally, I think you got off very lightly in this case so you need to put the matter behind you.

Switch
 
My neighbours next to my old house built a similer extension with a clear window looking directly on to our garden. Council put changing it to opague glass as one of the conditions of granting planning permission
 
Switch said:
Hello Hogg

Been studying your blog about your window business. I'm an
architect who works with clients in the council. From my experience, you're not entitled to have a window facing out onto a neighbour's garden under any circumstances. Apart from that, it would have been in your interest, long term to have gotten Planning Permission for your extension because this permission takes into account issues like the quality of the work involved, building materials used, if the building is over the By-Law approval limit (this applies also to small extensions). In the event of a future sale of your house, many loan companies are very strict with surveying extensions and need to see the papers pertaining to them, so it could be difficult for the buyer to raise funds quickly. Also, your neighbour was probably worried about the house devaluing because of an overlooking window. Your neighbour didnt't have to call to your house instead could of delayed matters by putting it into the local authority's hands, but obviously did the decent thing in dealing with the matter face to face. I cant understand an architect allowing this window in the first instance, opaque or not. Personally, I think you got off very lightly in this case so you need to put the matter behind you.

Switch
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Hi Switch,
Spotted your reply here - Just wondering do you happen to know anything about something quite similar;
We've just moved in to a house in Skerries area
- Neighbours on terrace have opaque window looking directly in to back garden (boundary wall is their gable running along the back of the garden and it separates us).
Permission for this would have been granted 20-30 years ago long before current owners moved in.
What rights to we have in this case - they're not to blame but could we ask them to block them up or could we cover them with something?
Ta
 
GaryHeff said:
We've just moved in to a house in Skerries area
Click to expand...

GaryHeff said:
Permission for this would have been granted 20-30 years ago long before current owners moved in.
Click to expand...

GaryHeff said:
What rights to we have in this case?
Click to expand...

Point 1 - you bought the house having seen the opaque windows - no issue when you were buying so you shouldn't make an issue of it now.

Point 2 - Permission granted 20 -30 years ago - means they put them in with proper planning/permission received.

Point 3 - None

I think you have a bit of a neck to ask your new neighbours to change something that's in situ for years.

Also, the windows are opaque ==> they can't see what you're doing so no issues with privacy here.
 
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