# Can my neighbour build a boundary wall?



## frankd (28 Nov 2016)

Just wondering if anyone knows about the laws regarding boundary walls in Ireland.

THE CURRENT SITUATION
My neighbour had a 6ft high copper beach hedge on his side of the boundary and recently cut it down. (It extended over the boundary into my side but I didnt mind). When it came down we lost all of our privacy which sucks. But it was not our hedge so thats just the way it goes. Right now there is a small 4 foot high wire fence (with concrete posts) dividing my site from my neighbours, it is on the boundary of the two sites and has been there since before either of us owned our properties. It was under the hedge all of this time.

THE PROBLEM
My neighbour now wants to build a 6 foot high block wall on the boundary. I do not want a block wall on the boundary. I do not trust my neighbour based on previous experiences with him and I do not want to get involved in any project that involves us building a wall between our properties. I also do not want to get involved in having to pay for anything with him.

I plan to build a wooden fence on my side of the boundary a couple of inches in. I also plan on telling him he can build whatever he wants on his side, but I do not consent to anything being built on the boundary, I am 100% happy with the wire fence that is currently there.. I want to build my own fence on my side so that I can be 100% in control of my own privacy.

MY QUESTION
Is he legally allowed to build something on the boundary without my consent?


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## noproblem (28 Nov 2016)

You want to build a timber fence to give you privacy.
You weren't happy with the 6ft hedge coming down.
You don't particularly like the post and wire fence there now.
You like your privacy, but don't want the neighbour putting up a 6ft wall costing you nothing.

Now your neighbour wants to put up a 6ft block wall and you neither want it, or trust him.

Personally I would love it if someone was going to erect a 6ft wall not costing me anything. It would save you the erecting of the wooden fence, be great for privacy and i'd imagine would be very useful in other ways. Is he permitted to erect the wall? There's been a 6ft barrier there already so I don't see the problem and I think he might be allowed to go to 2 meters in height without planning. Others know more than me in the legal department, but that's how i'm thinking.


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## PMU (28 Nov 2016)

Essentially, Class 5 Schedule 2 of the Planning and Development Regulations 2001 as amended http://www.irishstatutebook.ie/eli/2001/si/600/made/en/print#part2 , provides that the construction of a wall within or bounding the curtilage of a house is exempted development, subject to certain limitation, (e.g. that such wall does not exceed 2m, or where the wall is within or bounding a garden 1.2m.

You can ask the local council for a 'section 5' declaration as to whether the proposed wall is an exempted development, but this will cost you. The fact you don't want a block wall is neither here not there; the issue is only is this an exempted development. I'm not certain if you can demand your neighbour provides a section 5 declaration to you, but your local planning office should be able to advise you on this.


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## frankd (28 Nov 2016)

noproblem said:


> You want to build a timber fence to give you privacy.
> You weren't happy with the 6ft hedge coming down.
> You don't particularly like the post and wire fence there now.
> You like your privacy, but don't want the neighbour putting up a 6ft wall costing you nothing.
> ...



Thanks, I have no problem with him building a wall if he wants to. I would prefer a fence which is more in keeping with what the neighbors have done. I dont want to have to wait until his planning goes through, and him to build the extension to finally get around to building his wall. I want to fix the privacy issue now. There is also a small safety concern for my kids as they can easily cross the wire fence into his property which is now a building site. 

I just want to build my fence and fix the problem now, what he does on his own side is his own business. The question really surrounds the boundary, does someone need consent of a neighbor to build something on the boundary? If I erect my fence, he would not be able to build on the boundary later without damaging the fence etc.


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## frankd (28 Nov 2016)

PMU said:


> Essentially, Class 5 Schedule 2 of the Planning and Development Regulations 2001 as amended  , provides that the construction of a wall within or bounding the curtilage of a house is exempted development, subject to certain limitation, (e.g. that such wall does not exceed 2m, or where the wall is within or bounding a garden 1.2m.
> 
> You can ask the local council for a 'section 5' declaration as to whether the proposed wall is an exempted development, but this will cost you. The fact you don't want a block wall is neither here not there; the issue is only is this an exempted development. I'm not certain if you can demand your neighbour provides a section 5 declaration to you, but your local planning office should be able to advise you on this.



Sure its legal to build a wall there without planning, but surely you cant build one directly on the boundary without your neighbors consent? I accept he can do it an inch back from the boundary but surely not directly on it?


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## Easeler (28 Nov 2016)

sounds like a good neighbour, to me good fences make good neighbours personally I would be delighted if somebody built a wall on my boundery, I would offer to cover half the costs of the wall make sure the wall is well built and well supported with pillars ,when wall is built you can do what you want on your side.


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## PaddyBloggit (28 Nov 2016)

galwaypat said:


> sounds like a good neighbour, to me good fences make good neighbours personally I would be delighted if somebody built a wall on my boundery, I would offer to cover half the costs of the wall make sure the wall is well built and well supported with pillars ,when wall is built you can do what you want on your side.



A trellis can even be put on the wall and OP can grow whatever they want against it.


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## aprentice (28 Nov 2016)

You cant build on the boundry with consent from both sides
If its a battle of wills whoever builds first looses garden space


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## Leo (29 Nov 2016)

As above, permission from both parties is required to build on the boundary. Planning permission is not required where the wall to the rear of the property is under 2m in height. 

If it were me, and the neighbour is happy to pay to erect this wall, I'd let them at is and just ensure the wall doesn't encroach on your property. You say you prefer the look of a wooden fence, let them build the wall and then simply attach wooden panel fencing directly to it. That'll save you the need for the more complicated job of setting out and sinking posts to support a fence. Another bonus is the wall will even provide extra shelter to your wooden paneling and prolong its lifespan.


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## David_Dublin (30 Nov 2016)

frankd said:


> I do not trust my neighbour based on previous experiences with him and I do not want to get involved in any project that involves us building a wall between our properties. I also do not want to get involved in having to pay for anything with him.



One of the issues seems to be that the OP does not trust the neighbour, and does not want to get into a situation where they are sharing payment for something.


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## nutty nut (30 Nov 2016)

frankd said:


> I also do not want to get involved in having to pay for anything with him.


Has he asked you to pay anything towards the cost of the wall?


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## nutty nut (30 Nov 2016)

frankd said:


> I dont want to have to wait until his planning goes through, and him to build the extension to finally get around to building his wall.


Whats with the planning? You didnt mention this earlier. Has your neighbour applied for planning for something orother or are you speculating?


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