Building without planning permission

He certainly does though if it’s in a regular old suburban area of Dublin (ie non-period houses), he probably won’t find it too difficult to get retention permission.

The council are also getting more strict about subdivision of plots.

I am open to correction but I belive that if the extension was built > 5years ago then there is probably nothing you can do about it. DCC only follow up on complaints within 5 years.

@Gaudi wrote:

I am open to correction but I belive that if the extension was built > 5years ago then there is probably nothing you can do about it. DCC only follow up on complaints within 5 years.

7 years

thanks for all the responses, much appreciated. It is a regular old suburban area of Dublin.

So, if it’s longer than 7 years is there nothing I can do? Does it matter that it is a self contained flat that he has been renting out, and it appears to be built along boundry wall?

Im not entirely sure of its legal standing, but AFAIK you cannot be requested to remove a structure that is existance for more than 7 years….

@dubber wrote:

thanks for all the responses, much appreciated. It is a regular old suburban area of Dublin.

So, if it’s longer than 7 years is there nothing I can do? Does it matter that it is a self contained flat that he has been renting out, and it appears to be built along boundry wall?

I would pursue the boundary wall issue with a lawyer. Sounds likely that the development is 7+ years old so any planning enforcement procedure is statute barred. Is more than likely substandard accommodation for renting too so could be inspected by the local authority. You have a lot to consider unless you are planning moving house soon I would tread carefully.

thanks tommy, i totally agree that i have to tread carefully, In fact that is why i have doen nothing for 4 years However, he is not and has never been a nice neighbour and has never been civil to me. I would just like to have everything in order so if i did go to sell my house it won’t be an issue. He is a bully, and I think I paid enough for my house to not have to put up with people like him, It is upseting, as i would prefer to get on with my neighbours, as in my last house i had brilliant neighbours who all looked out for each other.

Could I put in a complaint anonymously?

For planning enforcement no-as it is a matter of public record-regarding substandard rental accommodation I don’t know.

what are peoples opinion on me writing him a letter. Stating that it is not my intention nor my desire to argue with my neighbours but that he has built something without PP and also built on Boundry wall,Asking him to contact me within two weeks with suggestions for resolutions otherwise i intend to contact relevant parties to resolve legally.

The extension also is attached to my garage but is about a foot higher. it is a flat roof which has been felted. So if i was to build over my garge i would have to left the felt as it is wrapped around the end of his extension. I notice most people who built extensions attaching to neighbours property build up the end wall a little so if the neighbour wanted to built their own extension they easily could and build it to boundry wall also.

Dubber , apart from not liking the guy , I don’t know what you have to complain about . I don’t mean this in a disrespectful or dismissive way . It sounds like the guy next door has what is termed an unauthorized development , where the time limit for enforcement action has expired .

That’s his business not yours ( again no smart ass tone tone implied here ) . It should not affect you in the case of your possible future sale .

Your neighbor may have problems . I know that in the old Dublin Corpo estates that when the council buy back these houses that have 70’s and 80’s non compliant rear extensions and front porches that these extensions are invariably demolished by the corpo before letting . Also ripped out are non compliant windows ( means of escape ) boilers , floor finishes , bathroom alterations etc . I should not be surprised if the value of the buy back is not badly affected by the councils cost s in undoing such unauthorized works .

In the case of destruction by fire you do not have automatic permission to re build unauthorized development .

If the council slaps a compulsory purchase on a property the unauthorized development is discounted from the valuation .

The mortgage provider to whoever is likely to want to buy your neighbors house is unlikely to advance a loan .

The garage roof felt issue you describe does not on the face of it seem very significant .

So , sit back and have some fun if the guy ever goes to sell …..

brianrochford. thanks for your advice. Although the house is & never was a council house. Also, i wouldn’t imagine they would be interested in paying the price expected if he intended to sell. As for getting a mortgage, i suspect (from my past experience) that most banks would have no problem issuing a mortgage.

Whilst, i do admit i don not like the person, I am unhappy with the fact that he has built an unauthorised extension, on a boundry wall. If i want to extend my house i would expect i could do this without interruption in the confines of my own house boundries. As a result of how he has built his extension this is not the case. I i wanted to build up to the boundry wall , i would be attaching a wall to his. However before i do i would need to alter his work. I do not think this is right?

Dubber
Alas , if you look around the rear gardens of so many of our houses you will see examples of unreasonable neighbors behavior which results in rear extensions not fully extending to the shared boundary . This usually results in nasty two foot wide strips , litter traps no use to anyone , instead of valuable internal square footage . It is far better when neighbours agree to share a boundary wall and the first guy provides for the next guys possible extension . It is legally possible to force some one to alter construction if they over sail your property without permission . Pretty unpleasant prospect , few pursue it .