# Planning issue with completed new build



## tawfee (30 Jun 2016)

I just wanted to run this scenario past the good people here and hopefully get some advice. 


We're in the process of purchasing a new build in a development that was re-launched last year.  The development was originally launched around 2006-07 and some houses were completed and sold prior to the crash.  Building work halted on the site around 2008-2009, not sure when exactly, until resuming again last year.  When we paid the deposit late last year, the house was in the initial stages, blockwork had just started.  We received and signed the contract & waited for the house to be finished.


Recently did the snagging and noticed that the party wall at the end of the back garden is approx 3 meters high, compared to all the other party walls in the development which are 1.8 meters high.  The property that backs on to ours was finished prior to the crash and has been occupied at least since 2012-13.  Sometime since then the owners of this property have used the party wall as the back wall of a newly-built granny flat/shed/office with a sloped roof, i.e the roof slopes from a high point of 3 metres on the party wall towards the front of the structure which is in their back garden.  There is no overhang on to our side of the party wall. 


To my understanding, as part of the structure is over 2 meters high the structure requires planning permission (as per Class 5 of the Planning & Development Regulations 2001).  I’ve checked on the relevant local authority website, nothing there.  Builder says it’s nothing to do with them, they didn’t give permission to anyone to build up the party wall. 


We thought this was something we’d have to take up with the owners of the other property once we had taken ownership of our property.  Our solicitor advises however that this needs to be sorted out by the builder prior to closing the sale as our contract is with the builder.  Initially for us, the issue was just the annoyance that the wall caused a longer shadow on our back garden than for the other properties on our side of the street.  Now, we’re worried about the planning aspect as we fear it may cause difficulties for us if we decide to sell the property again in a few years time.  There’s also the fact that we don’t know if the structure on the neighbours’ side of the party wall is properly built, whether it has electrical wiring or plumbing and whether they were done by professionals or not.


All other properties in the development have been sold at this stage.  We’ve seen threads like this previously and the advice generally is to walk away.  But does the fact that we have a signed contract which contains a clause stipulating that the property must be compliant with planning & building regulations mean that we have a stronger hand?  Has anyone come across a similar scenario?


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## Leo (1 Jul 2016)

It has everything to do with the builder, as until they sell, they share ownership of the boundary wall with those who own the other house.

Tell them your solicitor refuses to let this go any further until the issue is resolved. The clause relating to planning compliance puts you in a very strong position. You should be able to walk away without much loss. Have both parties signed the contract at this stage?


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## dereko1969 (1 Jul 2016)

Have you checked online to see if the "neighbour" got planning permission for the granny-flat?


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## Branz (1 Jul 2016)

Couple of points
newly-built granny flat/shed/office: 
you need to establish which applies because if it is a 
granny flat then planning required
shed no if less than 25 sq m in area ( some LA's go external with this area test, others internal)
office if not used for business in sense it creates traffic and folk coming and going then no planning

My read of the 3m issue is that if a shed/office, as described above, with flat roof then 3m max, if A roof then max 4 m at ridge, no planning required.



tawfee said:


> There’s also the fact that we don’t know if the structure on the neighbours’ side of the party wall is properly built, whether it has electrical wiring or plumbing and whether they were done by professionals or not.



The only piece that is your business here is the wall properly built if its a shed or office.

You also need to ensure that in fact they did not build another wall inside the boundary wall and just bring up the boundary wall to tidy it all up so to speak

Some party walls are built on good foundations, some are not so the existing structure may give some clues:
is it a 215mm block on flat with piers every so often or is it 100 on edge.

The builder should know, maybe get him to dig out down by the wall to see what foundations are in their

However the party wall is a shared ownership wall so the attached may help you/your solicitor, with the builder being in your shoes for now.
Land And Conveyancing Law Reform Act 2009, Section 43
http://www.irishstatutebook.ie/eli/2009/act/27/section/43/enacted/en/html


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## tawfee (1 Jul 2016)

Leo said:


> Have both parties signed the contract at this stage?



Yes, both parties have signed the contracts which is why we're reluctant to just let it go.



dereko1969 said:


> Have you checked online to see if the "neighbour" got planning permission for the granny-flat?



Based on a search on the local authority website, there is no planning for that address. I'm assuming all applications would be online?



Branz said:


> My read of the 3m issue is that if a shed/office, as described above, with flat roof then 3m max, if A roof then max 4 m at ridge, no planning required.



It's a bit confusing reading the exempt classes in the 2001 regulations.  Class 3 refers to: 


> The construction, erection or placing within the curtilage of a house of any tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure.


and gives the height limits you mention.  But Class 5 refers to:


> The construction, erection or alteration, within or bounding the curtilage of a house, of a gate, gateway, railing or wooden fence or a *wall of brick, stone, blocks *with decorative finish, other concrete blocks or mass concrete.


and specifies a height limit of 2 meters.  It seems as if Class 5 would override Class 3 every time unless you could build the shed without walls? There's probably something I'm missing there.


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## kceire (26 Jul 2016)

They built on the boundary wall.
I think you now either buy as is or walk away.


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