How high can an extension be at the back?

H

horusd

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My next-door neighbour is building an extension front and back. She did need planning permission for the front extension, but not apparently for the back.

As I'm watching the builders, I'm concerned about the height of the rear-extension as it likely will block some light into my backroom. Is there a limit on how how the neighbour can go up, and what is that limit? Thanks.
 
As far as I know the height restriction depends on the height of the original house, the extension can go as high, but not higher than the original roof.
 
Thanks all. I'm not sure I fully understand the regulations posted above. The possibility of it reaching the eaves would be terrible, but I don't think it will be quite that high. I suppose I'm concerned that when the roof goes on, there will be overshadowing, so I wondered if this were excessive, could I object? I know excessive is a subjective term, and was looking for what the regulations would require.
 
Why not ask the builder or next door neighbour how high it is going to go ?
It is only natural to have an interest as a next door neighbour.

As stated, height limit for walls of an exempt extension is existing eaves. Size of all extensions including those with planning permission must be no more than 40 square metres to avail of exemption for rear extension.
 
Thanks Picorette, I would ask the neighbour but they tend to be a bit reactionary, so I was trying to get an idea of the postion before I consider any options. Assuming no PP is required, are there grounds to object on the basis of shadowing? I hope it doesn't come to that, but it is a bit annoying to have the back of my house darkened.
 
horusd,

It is possible to determine whether the extension is going to be single storey or two storey not in terms of the overall height, but in terms of the floors inside, at this stage?


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
Hi onq as far as I can tell it's not that huge. I know an archiitect was involved, so I'd say it's below the 40 sqm limit, and is legal in that sense.
 
The only thing to be aware of is that if they got planning permission for an extension to the front and are building that and an 'exempt' extension at the same time to the rear, the area of the extension to the front needs to be deducted from the 40 m.sq. area that is allowed as exempt.

For example. if the extension to the front is 15 m.sq. then only 25 m.sq. could be built to the rear as an exempt development.
 
The point I was trying to make is that a 1st floor extension has to be kept 2M from the boundary, which may reduce your loss of light.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
There are no planning grounds to object on the basis of shadowing, if it is within the planning exemption limits. (Updated 3.04pm 20/10/11)

Therefore, start off by being clear if they are within the limits. Calculate the size of all extensions by referencing their planning application online, and estimating the square metres of the rear extension, and go through the list in schedule 2, part I referred to in lowCO2design's post.
 
okay guys, thanks I'll check out the plans. At least its not as bad on my side as on the other. That neighbour has what she calls a Berlin Wall next to her rear window, and will have the same at the front. She didn't think to object to the front one, too late now I suppose.

I've no problem with people building extensions etc, but a little consideration would be nice. We still live in a Me Fein society in many respects I think.
 
I'm not sure what picorette has stated is correct.

Planning Law does not supersede the law of the land.

The Land Conveyancing and Law Reform Act 2009 may refer.

There are schemes in London where the Council has taken a legal interest to avoid the rigours of rights to light law being applicable and holding up development.

[broken link removed] covering just such and instance where a questioner obtained reference to the Rights to Light Law in England.

It would be useful if a legal mind commented on this thread.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
No need to apologise, picorette - you posted in good faith.

Normally I can quote chapter and verse, but in this case I don't know whether Irish Law follows British - ergo my comment above about a legal mind.

Links about the Land Conveyancing and Law Reform Act seem refer to rights to light, but I cannot find a specific reference to it - it may be an inference in a general term.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
There is no statutory law regarding the "right to light" easement in Ireland.
The standard of required light is rather low - it is generally difficult to achieve a degree of overshadowing that would be so great as to constitute an interference with the easement.

Effectively unless there is an established easement involving a window located directly on the boundary of a property, it is highly unlikely that an extension at ground floor level can constitute an interference with an easement.
 
Thanks all, I spoke with the neighbour on the other side. She is fuming about the wall abuting both her front and rear windows, but it looks like there is little than can be done-she did sign off on the front side, so I suppose she can hardly object now. She is giving her own architrect a ring to discuss it.

My side isn't as much of a problem as there is a gap of a meter or so between the houses, so its far less in my face. The person building the extension made no mention of its height at the rear, and personally I think this was sneaky, selfish and inconsiderate, but I suppose that doesn't amount to a legal hill of beans.
 
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Hi horusd

Do you know what the approx. floor area of the extension is to the front (you could possibly get this from planning files) and what the approx. floor area might be to the rear?

I think it's odd they went for planning for front extension and not include rear extension?
 
I wonder have they fallen into the sequencing trap?

Building the rear extension as exempted means they must take account of any other extension or conversion for habitable use already in place.

If the front extension was built before the rear instead of the other way around (assuming that is the only extension) the rear will be limited to a max of 40 sq.m. minus the permitted and built extension to the front.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
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