# Boundary Wall Removed And Built On



## Wishes (15 Jun 2010)

A wall that divides two property boundaries; one party decides to partly knock down the dividing wall so they can build on that space were part of the wall  once stood.  

Property is a holiday home so person was not in the area to oversee works that were going on at the adjoining property so could not object.

Council have not condoned this and building works have completed.  Has my friend any come back at all with regard to this boundary wall being removed and built on?


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## mathepac (15 Jun 2010)

Raise an objection with the local planning officer / authority about an unauthorised development or perhaps take the neighbour to court to have the wall restored to its original condition.


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## Wishes (15 Jun 2010)

Will mention what you have advised.  Any idea why the council would have ignored this?   Its not possible for them to have missed it.  

Afraid this is going to be a problem if trying to sell the property plus it will cost thousands for neighbor to rebuild again to demolish and rebuild what they have already built.  Communications are quite strained as it is, so bracing themselves how to approach the subject.


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## Billo (15 Jun 2010)

Wishes said:


> Any idea why the council would have ignored this?   Its not possible for them to have missed it.



Were the council aware of what was happening ? Who told them ?


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## Wishes (15 Jun 2010)

I was presuming that the council sent out somebody to check that works have been completed according to planning rules.

Surely the council check on completion that works have been carried out to their specification?


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## Complainer (15 Jun 2010)

Wishes said:


> Surely the council check on completion that works have been carried out to their specification?


It's not the council's specification. It's the owner's specification. Local Authority building control will inspect a percentage of new builds and material alterations to ensure compliance with building regs, but they actually don't ensure compliance with planning permission. If they have breached planning permission, you will need to report this.


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## tenchi-fan (15 Jun 2010)

Boundaries can be owned by one party, or they can be shared. if it was your boundary they shouldn't have built on it without your permission.


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## onq (17 Jun 2010)

Read Chapter 3 _Party Structures_ of the Land Conveyancing and Law Reform Act 2009

http://www.oireachtas.ie/documents/bills28/acts/2009/a2709.pdf

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         matters    at      hand.


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## ajapale (17 Jun 2010)

Is the holiday home in a remote rural location?

Has the relevant sections of the local authority been informed in writing?

Have you checked the planning applicaton? What conditions pertain to the granting of pp.


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## browtal (17 Jun 2010)

Hi Wishes,
Do take immediate firm action with your local Council. We had a similar intrusion and took the easy route.  We informed the Council. They advised us to take a relaxed attitude and made a lot of excuses as to their obligation.  Aparently they have no obligation and rarely examine buildings for compliance with pp. unless they have a complaint. 
They eventually, after a couple of years, told us it was a civil matter and they would have no role to play. They acted as if we were being unreasonable and advised us to put up fencing or trees to address the privacy issue.  They seemed to take the side of the neighbour, as they stated that the cost would be high to knock and rebuild the offending property.

We did nothing about the situation but feel very agrieved about the results.
From our experience you will need to take a hard line to get the Council to work to preserve your rights.  They take the easy route. As time elapsed we felt we should have acted earlier. I advise you to take legal steps or you will be left like us 'the quiet neighbour who is foolish and too easy going'. Good luck Browtal


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## redskyatnigh (17 Jun 2010)

i did a similar build in meath where i removed and built on the boundry wall. Look at the building regs and u will find out that the are allowed build on the boundry wall. but must not do the following which u can object against ... have windows, or have any overhanging roof or gutter. should have a barge roof edge so no water falls into ur friends property

He is allowed build on boundry wall and trying legal action without consulting an architect will lose u money and lose u the case. 

In the cold light of day what has ur friend lost by the wall being raised.... is it just his pride that he didnt know what was going on


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## Staples (18 Jun 2010)

redskyatnigh said:


> iHe is allowed build on boundry wall and trying legal action without consulting an architect will lose u money and lose u the case.


 
AFAIK, you're allowed to build _as far as _the boundary wall without infringing on the boundary itself.  It's not for either party to unilaterally detrmine what form the boundary should take.


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## 4th estate (18 Jun 2010)

I can never understand people who do this without checking first if it is within the law. I wonder did the builder question building on the boundary either?

Anyway, if all else fails, there is the bonus of having a wall built with proper foundations (I hope), which can be used in the future for one of the walls of any extension that the aggrieved occupiers might build. A few bob saved there then.


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## Staples (18 Jun 2010)

4th estate said:


> I can never understand people who do this without checking first if it is within the law.


 
Probably because they know the council won't be too bothered anyway.  The case referred to above illutrates this.


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## ajapale (18 Jun 2010)

Surely this is first and foremost a civil dispute between two parties? Why don't you just sort it out among yourselves?


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## DBK100 (24 Jun 2010)

Wishes said:


> A wall that divides two property boundaries; one party decides to partly knock down the dividing wall so they can build on that space were part of the wall once stood.
> 
> Property is a holiday home so person was not in the area to oversee works that were going on at the adjoining property so could not object.
> 
> Council have not condoned this and building works have completed. Has my friend any come back at all with regard to this boundary wall being removed and built on?




A few points in relation to the above. The final one being the most important:

1. A Part-Wall or Structure is a particular concept in law. It cannot be removed without both adjoining owners agreement.

2. One owner cannot rebuild another structure to use the space previously occupied by the party wall without the agreement of the adjoining owner.

3. These matters fall under Civil Law (Property) and not the Statute Acts & Regulations such as the Planning Regulations and Building Control Regulations.

4. Local Authorities (Councils) deal with Planning and Building Control Regs. They have no role to play in Civil Disputes.

5. Enforcement Departments in Local Authorities will only become involved with a matter which breaches Planning Regulations (i.e. structure was built as exempted development but actually required planning permission, or, structure was built under a grant of PP but does not comply with what was granted, or, structure as built does not comply with Building Control Regulations.

6. Enforcement matters usually have to be formally raised with the relevant department. Even then, some Councils can be atrocious at following these matters up.

7. As this matter sounds very much like a Civil Dispute between neighbours, it would be best to resolve it in an amicable manner and move on. This is particularly relevant where little material loss has occurred.
You should consider law as a last resort unless time and expense do not concern you.

8. Speak to your Solicitor about trespass and criminal damage if you need to go this route. You will be able to tell if he/she is a good one, if he/she advises you to reconsider point 7.

___________________________



redskyatnigh said:


> i did a similar build in meath where i removed and built on the boundry wall. Look at the building regs and u will find out that the are allowed build on the boundry wall. but must not do the following which u can object against ... have windows, or have any overhanging roof or gutter. should have a barge roof edge so no water falls into ur friends property
> 
> He is allowed build on boundry wall and trying legal action without consulting an architect will lose u money and lose u the case.
> 
> In the cold light of day what has ur friend lost by the wall being raised.... is it just his pride that he didnt know what was going on



Redskyatnight's comments need to be addressed:
1. The Building Regulations make no comment whatsoever about building on boundary walls. One has nothing to do with the other.
2. A Grant of Planning Permission or Conditions for Exempted Development may stipulate no windows on boundaries and no overhanging elements, but the Building Regulations do not.
3. The reason these matters will be mentioned is to alert any owner that although they may have a grant of planning permission for a structure, that grant does not give them permission to interfere with a neighbour's property rights under civil law.
4. Following Redskyatnight's advice could well land you in court as a defendant. He is utterly incorrect (and quite possibly does build only under a Red Sky at Night).

DBK100
http://www.mesh.ie


http://www.askaboutmoney.com/showthread.php?t=132234


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