# Building Extension - boundary wall



## WorkingClass (12 Jul 2010)

We are looking at building an extension to our semi-d house.

The house has an existing kitchen extension to the back (part of the original build). It's about half the width of the house.

We want to extend it so that it's the full width of the house. However, there is a boundary wall between our house and the attached neighbor which ideally we would like to knock down and replace with the extension.

We have asked the owner of the house (a landlord) in writing and he has refused permission. 

We can build inside the wall, but it will mean we'll lose space from the extension and at that point it's hardly worth while doing in the first place.

What options do I have?

I will obviously follow up with the landlord and see exactly what his concerns are.


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## thefisherman (14 Jul 2010)

maybe your neighbour wants to knock the boundary wall and build extension,of course that means it is not worth your while building then as your wont have enough space.i presume you wont object when he asks your permission?? hmmm


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## Scotsgirl (14 Jul 2010)

You have absolutely no right to knock down and build on a boundary wall.  You even have to be careful that when you build inside a boundary wall that your gutters don't overhang your neighbours garden.  He would be perfectly within his rights to ask you to remove them.

The landlord is perfectly within his rights to say no.

I got a conservatory put up in my house and the first thing the builder said was we have to build inside the boundary wall.  He wouldn't entertain knocking down a wall, even with the neighbours permission.

It could cause problems down the road if either of you decide to sell.


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## sse (14 Jul 2010)

I'd refuse you permission in this case too, the main issue being that your build would then rule out me doing the same thing without stepping my extension in a foot or so.

I suggest you speak to your neighbour and offer to build a wall on the boundary which the owner of the adjacent house can then use as the side wall of an extension should they want to - there's a number of threads on this and other websites on the best practice for doing this as this wall will be a party wall between properties.

If he/she still says no then I'd say you'd have no option but to step in your extension.

SSE


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## rockofages (16 Jul 2010)

Even if you did get the agreement of the owner of the house next door you cannot demolish the boundary wall and build on the boundary line without planning permission.

For the extension to be officially an exempted development it must be built within existing boundaries.

There are numerous threads on this topic, and you should also familiarise yourself with the Planning and Development Act.


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## WorkingClass (16 Jul 2010)

Many thanks for all the replies. 

In the letter to the owner, we made it clear that he could build to the same wall if they ever decided to extend. It makes sense, as this wall would be shared. He would effectively own half of it. 

Realistically, the house is rented and I expect the owner has no desire to extend it. He actually tried to sell it about a year ago when the market was falling. 

The fact that this could potentially impact his ability to sell the house is the primary reason  I suspect that he has denied us permission. 

I was not aware that you needed planning permission to knock part of a boundary wall. once you had the owners permission. (Our builder never mentioned this).


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## onq (16 Jul 2010)

You need the permission to build a wall straddling the boundary, since unless you were both exercising your right to build, only one would be building and part of that would be on the other's land.

Demolition of structures directly abutting a habitable house does not require permission where this is done as part of an exempted development, but in demolishing his half of the boundary wall you would not be covered vis-á-vis his house.

That is my strict interpretation of the regs and this could be challenged, for example, is a garden party wall that directly abuts a habitable house part of that house.

The building regulations would say not, the planning regs seem to be unclear, and whether a wall is a building is not defined - someone please correct this if needed. 

For €80 you could seek a Section 5 Declaration - word it specifically and carefully to describe your position, depending on whether you can get the owner's agreement on this.

There is one Act and 00 Statute you should be aware of.

The Land and Conveyancing Law Reform Act 2009:

http://www.landregistry.ie/eng/Legi...land_and_conveyancing_law_reform_act_2009.pdf

Chapter 3 Party Structures

Statutory Instrument 235 of 28

[broken link removed]

P4 the section on the new Class 50 limitations.

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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## rockofages (16 Jul 2010)

WorkingClass said:


> I was not aware that you needed planning permission to knock part of a boundary wall. once you had the owners permission. (Our builder never mentioned this).


You don't. You need planning permission if you intend building on the boundary, as it's a no-no under the Exempted Development regs.


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