I’m looking for advice about building an extension to the back of our house. It’s going to be about 35sq m with a flat roof, not extending near the height of the original house. I approached my neighbour and explained what I was planning to do. He informed me he was going to check with his solicitors to be on the safe side. His property is 15m-20m from my property, which was built in 1960 and has no previous extensions. I’m wondering am I able to build without planning permission and can my neighbour stop this being constructed?
There are a few issues here. Firstly, there are general exemptions to the need for planning permission for work to a house including, in certain circumstances, the construction of an extension to the rear of the house. However, I must point out at the outset that these are general and are not relevant in all circumstances.
The typical/normal relevant exemption is that one can build an extension of up to 40sq m subject to certain conditions, including the fact that it must be located entirely to the rear of the house and there must be a minimum of 25sq m of open space left in the back garden. There are also restrictions on the height of the structure and the distance between any window in the external walls and the side and rear boundaries. Therefore, subject to complying with the relevant conditions, you could build an extension without needing to make a planning application.
However, there are circumstances when these “normal” exemptions might not apply. For example, if you are in an area of architectural, cultural or scenic interest, the exemptions do not apply. There is also the potential that planning conditions may have been attached to earlier granted planning permissions that exclude the normal exemptions that would arise. This applies in areas where there is high-density housing and is common with new developments.
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Rather than approaching your solicitor, I think it would be more appropriate to go to your local chartered building surveyor who will be able to undertake a detailed analysis
You say your property has had no previous extensions but as a point of information for those considering a second or third extension to their properties, it is important to be mindful that the 40sq m is cumulative, meaning it includes the area of previous extensions.
Returning to your specific query, my advice is that you seek specialist advice. However, rather than approaching your solicitor, I think it would be more appropriate to go to your local chartered building surveyor who will be able to undertake a detailed analysis of the situation and verify if what you are proposing is exempted development. If there is any doubt, you can seek further clarification from your local authority and they will decide. If not, apply for planning permission.
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If it transpires that your proposals don’t require planning permission, you will be able to proceed with the work and there is nothing your neighbours can do to stop you. Having said that, it’s important to remember that you have to live with your neighbours. It is a good idea to share your plans with them with a view to getting their co-operation and thereby avoiding disputes or uncomfortable situations down the road.
I don’t know if your neighbour has extended their property but sometimes, in that scenario, people feel their neighbour will not object when they go to do something similar. That is simply not the case and proceeding on that basis, on what will be a substantial financial undertaking, is not advised. It is better to do it by the book and keep your neighbours on side. If your proposal is an exempted development, it is unlikely to have a major impact on your neighbour and hopefully this can be illustrated through discussions before starting the work to assist in maintaining good neighbourly relationships going forward.
Val O’Brien is a chartered building surveyor and member of the Society of Chartered Surveyors Ireland
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