# Can I use boundary wall to support flat roof



## cronley (23 Oct 2011)

I have a detached house. My neighbour has a detached house. We both bought from the builder who built the housing estate. Our boundary is marked by an 8 foot high block wall, which was built by the builder, and runs all the way from the front to the back of the site. The boundary wall is stand alone & is not touching either house.
There is a 7 foot space between the boundary wall and the gable end of my house. I am thinking of using the boundary wall to support a flat roof to cover this space between the boundary wall and my gable end. This roof will be below the height of the boundary wall. I am thinking of erecting timber cladding partition at the front and back of this space, to provide an enclosed storage space (shed) of 7 feet by 25 feet. The front partition would be set back from the front of the house.
2 questions -
Am I entitled to use the boundary wall for this purpose.
Do I need planning permission.
Help appreciated.


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## onq (23 Oct 2011)

> Am I entitled to use the boundary wall for this purpose.


In general, yes, depending on the actual details you use and the suitability of the wall construction and foundations for support.
For example, if the eight foot wall is not properly buttressed or built vertically and plumb, it could cause a hazard to load it up.
Also, this assumes that the legal boundary of the site is the centreline of the boundary wall and that support is not limited by condition of contract


> Do I need planning permission.


In general, no, but this may depend on other factors such as the roof type, covering and elevation.

The exempted development schedule of the Planning and Development Regulations 2001 as amended refer as does Section 4 (1)(h) of the Planning and Development Act 2000

These comments are made on the face of what you have stated above, and reflect the ideal theoretical position, but for example the height of the boundary wall may in fact not be compliant.
Thus, I advise that you discuss the works first with your neighbours and secondly with the planning officer, drainage section and building control officer, just to be on the safe side.

These discussions will cost you nothing and will help smooth the way, and may highlight any irregularities that your brief comments above don't describe.(i) If there is a public drain serving the development running in the 7 foot wide space, you cannot build over it, regardless of the above.

(ii) The weathering of the roof should ideally be taken up to the top of the wall.
If there is a parapet capping you may tuck it in there.
If not you may need to take it across the full width.
Talk to your neighbour and agree the detail.​To summarise, planning law suggests you may be able to proceed, but this branch of law does not supersede the law of the land, the building regulations.


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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References

Planning and Development Regulations 2001

Description of Development
_
Development within the curtilage of a house_

 CLASS 3

    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.


Conditions and Limitations

     1. No such structure shall be constructed, erected or placed forward of the front wall of a house.
   2. The total area of such structures constructed, erected or placed  within the curtilage of a house shall not, taken together with any other  such structures previously constructed, erected or placed within the  said curtilage, exceed 25 square metres.
   3. The construction, erection or placing within the curtilage of a house  of any such structure shall not reduce the amount of private open space  reserved exclusively for the use of the occupants of the house to the  rear or to the side of the house to less than 25 square metres.
   4. The external finishes of any garage or other structure constructed,  erected or placed to the side of a house, and the roof covering where  any such structure has a tiled or slated roof, shall conform with those  of the house.
   5. The height of any such structure shall not exceed, in the case of a  building with a tiled or slated pitched roof, 4 metres or, in any other  case, 3 metres.
   6. The structure shall not be used for human habitation or for the  keeping of pigs, poultry, pigeons, ponies or horses, or for any other  purpose other than a purpose incidental to the enjoyment of the house as  such.


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## cronley (23 Oct 2011)

ONQ
Many thanks for your very reasoned reply, which I find very encouraging. I will take on board, and discuss with the parties you mention.


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## onq (23 Oct 2011)

You're very welcome cronley.

One further thing - minute your conversations back to them.
Make a point of this "in the interests of clarity between us" or whatever.

This will be your aide-memoire and may prevent them backsliding during construction.
Yes, I am afraid this is all too common where verbal exchanges occur and noise seems excessive.

Good luck with your building project and you might let us know how you get on.


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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