Jose Manuel
New Member
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- 1
We have received a planning enforcement following the building of an extension to the side and back of our end-of-terrace house.
I have no expertise in this area but I have been looking at permissions granted recently and it seems to me that the Planners are allowing things that they wouldn't have in the past. So your architect may be right.The architect that we got in touch with, says that there's nothing to worry about, and with retention we'll be fine
If the enforcement action was based on the extension being visible from the street, then it's safe to assume they were relying on Exempted Development rules, perhaps on poor advice.Did you actually apply for planning permission or did you just go ahead and build?
the extension is visible from the street and that we are temporarily renting it.
I suggest that you write to the council and point out that the extension is not a self-contained unit
If you go onto the Councils website you will see actual cases where retention was granted to works that would, based on the regulations, have been refused if a planning application had been made. In the current climate of desire for additional housing and for home offices the Council must be under a lot of pressure to approve things that in the past would not get approval. This may be why the OP's architect said "no worries". If the Council have allowed standards to drop then you have to expect people will take advantage of that. Building regulations are circumvented successfully in lots of cases because the Council doesn't take building regs into account when reaching a decision on a planning application. However, the Planning Enforcement section of the Council will take the building regs into account but they are only brought in on the case when a neighbour or somebody lodges a complaint. They will give a few weeks notice of their intention to visit the house to view the works. The house owner could remove the offending elements (in this case the kitchen) before the visit and then re-install it later. Even if he doesn't remove the kitchen, will the Enforcement section order the extension to be removed? I doubt it. I agree with your comment of "no harm if you can do that within the rules" but this is Ireland, where those who follow the rules are at a disadvantage.You've been caught out. You built and extension, your renting it out to make a few bob. No harm if you can do that.within the rules.
The architect that we got in touch with, says that there's nothing to worry about, and with retention we'll be fine
There's little communication with the architect as we asked to see the letter that he already sent to city council and he didn't send it,
Can you back up that claim? Show us examples of successful applications that clearly breach building regs....because the Council doesn't take building regs into account when reaching a decision on a planning application.
Leo, if you contact the Council and ask them if they if they consider the building regulations when reaching a decision, I think you'll be told that responsibility for compliance is with the applicant. The system is one of self-certification. Drawings submitted with a planning application are not looked at by the planners for compliance with Building Regulations because they are not construction drawings. If the OP had not built the extension to the side that meant it was visible from the front streetview and only built to the rear then nobody would have been any the wiser regarding a separate second dwelling unit, although without the side extension I assume it would have been too small to rent out as an apartment. Building to the side enabled somebody to successfully involve Planning Enforcement and, as I understand it, it's only then that building regulations will be considered. Even then, I'm not so sure the regulations would be applied strictly.Can you back up that claim? Show us examples of successful applications that clearly breach building regs.
If there's a door into the main dwelling it's not. This would even be permitted under the rent a room legislation.But it is a self contained unit.
Leo, if you contact the Council and ask them if they if they consider the building regulations when reaching a decision, I think you'll be told that responsibility for compliance is with the applicant. The system is one of self-certification. Drawings submitted with a planning application are not looked at by the planners for compliance with Building Regulations because they are not construction drawings.
Any further information requests (or permissions granted with conditions) that I've seen have been regarding compliance with certain guidelines in the Dublin City Development Plan and not with building regulations.it is not correct to state that they do not take building regs into account when reaching a decision on a planning application. You frequently see further information requests seeking details of how a proposed development will comply with various aspects of the regs.
If you are letting a unit you've built outside of the house as if it were a separate unit you very likely are in breach of planning laws. They usually deal with this kind of application in a few months if you apply for retention.Hi,
We have received a planning enforcement following the building of an extension to the side and back of our end-of-terrace house.
The main issues are that the extension is visible from the street and that we are temporarily renting it.
The city council letter says that an unauthorised development is being used as a separate, self contained unit.
The said extension is attached to our house with a door that communicate (also has a door that takesit to the side entrance) , it has kitchen and bathroom.
The architect that we got in touch with, says that there's nothing to worry about, and with retention we'll be fine, an engineer that I contacted came back to me and after I explained the situation, he highly suggested to remove the kitchen.
There's little communication with the architect as we asked to see the letter that he already sent to city council and he didn't send it, I asked if we should take the kitchen away, and again says no worries, I would like to relax but it's first time it happens to us, we are not Irish and didn't know was wrong, the extension doesn't exceed the permitted size, even the builders and interior designer weren't aware that could be a problem because the extension is visible from the street, we're not sure if we keep this going or we should ask to another specialist on retention.
Very much so - and if you apply after you build, you might find that regulations have changed and become less favourable, making it even more difficult to get retention PP after the fact.While they obviously can't make any declaration in terms of compliance from the limited details provided, it is not correct to state that they do not take building regs into account when reaching a decision on a planning application. You frequently see further information requests seeking details of how a proposed development will comply with various aspects of the regs.
Not at all true. Retention is often applied for after the event if the certifiers notice deviation from the original - in these cases they do tend to get PP because the deviations are generally small. When you build an entirely unplanned extension/unit/whatever and then after the fact apply for retention, you've probably already bothered enough people to get a long list of negative observations or objections to the PP. So could well face having to demolish and restore the original façade or viewIf you go onto the Councils website you will see actual cases where retention was granted to works that would, based on the regulations, have been refused if a planning application had been made. In the current climate of desire for additional housing and for home offices the Council must be under a lot of pressure to approve things that in the past would not get approval. This may be why the OP's architect said "no worries". If the Council have allowed standards to drop then you have to expect people will take advantage of that. Building regulations are circumvented successfully in lots of cases because the Council doesn't take building regs into account when reaching a decision on a planning application. However, the Planning Enforcement section of the Council will take the building regs into account but they are only brought in on the case when a neighbour or somebody lodges a complaint. They will give a few weeks notice of their intention to visit the house to view the works. The house owner could remove the offending elements (in this case the kitchen) before the visit and then re-install it later. Even if he doesn't remove the kitchen, will the Enforcement section order the extension to be removed? I doubt it. I agree with your comment of "no harm if you can do that within the rules" but this is Ireland, where those who follow the rules are at a disadvantage.
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