# Building an extension: "right to light" - does it exist?



## rockofages (18 Jul 2008)

Hi all,

We live in a 25 yo semi-D, and are planning on extending to the rear of the house. It's a standard type extension: single storey extending about 4 metres down the garden. The total floor space will be just under 20 sq metres.

Out of courtesy I recently informed the owned of the adjoining house - he doesn't live in the same town, and rents the house out.

Anyway he is going on about objecting and right-to-light issues. A quick google shows that right-to-light exists in England and Wales since 1832, but I cannot find any such laws for Ireland.

Are there any legitimate grounds on which he can force us to not go ahead, or to even alter our plans?

Thanks.


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## GK&SRT (18 Jul 2008)

no, no such right here in Ireland. as long as your proposal is within the guidelines of exempted development you don't need planing permission so he can't object to your plans.


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## rockofages (18 Jul 2008)

Thanks GK.. the builder is checking it out, but he says in 25 years in business he hasn't come across such a thing.

Has the landlord of next door any legs to stand on?


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## Guest117 (18 Jul 2008)

rockofages said:


> Has the landlord of next door any legs to stand on?


 

None if you are definitely planning exempt and if yo do not encroach on his property


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## sydthebeat (18 Jul 2008)

I certainly have seen it used as part of resons for refusal by both councils and an bord pleanala. 

There is a BRE document (british research establishment) that deals specifically with daylight and sunlight.

'BRE Digest 209: Site Layout Planning for Daylight and Sunlight'

However, if your extension complies with all the requirements to make it exempt then you dont have to worry about this. Make sure a professional signs off that what your are doing IS exempt from planning.


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## Caveat (18 Jul 2008)

Is there a distinction maybe between so called 'right to light' and objections based on shadow projections etc - is there maybe a subtle difference?


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## rockofages (18 Jul 2008)

My understanding after having spoken to the council is that once it's covered by the certificate of exemption then there is nothing on planning grounds that anyone can do.


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## Randy (18 Jul 2008)

Hi ,

As I understand matters (having built an extension a coulpe of years ago)
you can build up to 40sqm without going through the planning process, you would require planning if you wanted to build 'upstairs' You neighbour does not have a right to light, however, they could object if you installed a window that overlooked their property which could result in the local autority getting involved.

You will require a surveyor/engineers report confirming that the build complies with current building legislation and that it is an exempted development, this letter should be passed to your solicitor to be added to your property deeds.


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## sydthebeat (18 Jul 2008)

Randy said:


> Hi ,
> 
> As I understand matters (having built an extension a coulpe of years ago)
> you can build up to 40sqm without going through the planning process, *you would require planning if you wanted to build 'upstairs'* You neighbour does not have a right to light, however, they could object if you installed a window that overlooked their property which could result in the local autority getting involved.
> ...


 
not correct.

check for exempted development no. 5 requirements here:
http://www.enfo.ie/leaflets/PL5 Doing work around the House.pdf


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## Randy (18 Jul 2008)

apolgies Syd,

didn't realise this forum was a competition to be "the one with the most info"

All a moot point really as OP is only building a ground floor extension, so I think you'll find I am correct! 

Anyway Rock, hope all the info is of some use to you!!


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## sydthebeat (18 Jul 2008)

Randy said:


> *apolgies Syd,*
> 
> *didn't realise this forum was a competition to be "the one with the most info"*
> 
> ...


 
is not randy, its a forum to give correct info.


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## rockofages (18 Jul 2008)

Thanks guys.

I'm of the opinion now that the complainant is only a wind bag full of hot air and hasn't a leg to stand on.

I read that leaflet myself only yesterday and was surprised to see that 2 storey extensions can be planning exempt. I, like a lot of other ppl, thought that anything above ground level automatically meant planning was required.


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## rockofages (10 Aug 2008)

Hi again all,

Just an update on this. The extension is nearly finished, but one of the things remaining is to put a finish on the wall facing the adjoining house. The owner of the house (who doesn't live there) says my builder cannot have access via his garden to do the finish.

What I would like to know is what if the tenants say yes? Does what the landlord says have any bearing? Who has the ultimate say?

We have said to the owner that we want to plaster the wall and paint it white, but will clad it with brown PVC if we don't have access. He's still going on about proceedings having being initiated against us.

Thanks in advance!


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## Marie (10 Aug 2008)

Your extension must be _very_ close to the neighbouring property if your builder needs to finish the wall from his land.  That makes more sense of the claim of how the extension will affect the neighbour's amenity.

Your neighbour has not granted you/your builder access and has reminded you he is 'still going on about proceedings' against you.  If (as it sounds) your extension butts right up against his garden his complaints may have substance.  

If you or your builder set foot on is land/garden you are trespassing.  The tenant is not the owner and has no authority.


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## rockofages (10 Aug 2008)

The extension is as close as we can get it to the boundary wall, so as to make best use of our property. Unfortunately the boundary wall, which is constructed of 4" block with pillars about every 12 feet, has the pillars on our side so it means there is a gap of about a foot between the extension end wall and the boundary wall. The boundary wall is about 5.5 feet high so the builder is naturally a bit concerned about falling off it.

What substance does the neighbour's complaints about amenity have? I thought this had been put to bed above?


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## Marie (10 Aug 2008)

There are a number of past threads on this if you use the search engine and put in 'building extension neighbour boundary' including this one.  'It depends'.....on so many things including how this affects the neighbour's amenity (in terms of use of property and garden), whether it affects the value of his property, how and where the water from the extension roof is dealt with, whether or not your design precludes him possibly extending his house in the future.  Perhaps you need to both have a long calm discussion with your neighbour about what the issues are and consult a chartered surveyor on your concerns about your extension, its finish and its future maintenance (which will of course also need the access which you are currently denied).


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## rockofages (10 Aug 2008)

Marie, would you mind providing some links to documents that support amenity, value, etc. I did a search - none of the 13 results involve what you mention.

The leaflet quoted in post #9 seems clear cut to me: if built within set limits a certificate of exemption can be obtained, which effectively ends any dispute.


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## MCK111 (11 Aug 2008)

Only joined this forum and saw this. sorry to say but the right to light does exist, 10 years in fact and 20 years in law, unlike other rights which gennerally take 20 and 40 years to achieve. The right to privacy does not exist. I think this is what confuses people. The right to light has nothing to do with planning, i.e. planning can be granted, the issue could have been overlooked, but this does not take away the right to light of the owner. methods, survey drawings can be used to establish whether or not such rights are infringed. 

Regards,

Niall


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## sydthebeat (11 Aug 2008)

MCK111 said:


> Only joined this forum and saw this. sorry to say but the right to light does exist, 10 years in fact and 20 years in law, unlike other rights which gennerally take 20 and 40 years to achieve. The right to privacy does not exist. I think this is what confuses people. The right to light has nothing to do with planning, i.e. planning can be granted, the issue could have been overlooked, but this does not take away the right to light of the owner. methods, survey drawings can be used to establish whether or not such rights are infringed.
> 
> Regards,
> 
> Niall


 
thats important information Niall, can you link to any document / SI / legal case where this 'right to light' has been established and, more importantly, defined or standardised???


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## MCK111 (11 Aug 2008)

Syd,

the BRE document you refered to sets out how to ensure compliance. According to the recently deseased David Keane the case of Colls v Home and Colonial Stores (1904) is held as the benchmark where the judgement states: "generally speaking an owner of ancient lights is entitled to sufficient light according to the ordinary notions of mankind for the comfortable use and enjoyment of his house as a dwelling house, if it is a dwelling house, or for the benificial use and occupation of the house if it is a warehouse, a shop or other place of business". More can be found in his book "Building and the Law" p237-239 (Easements).

Regards,

Niall


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## rockofages (11 Aug 2008)

Niall, a few things:

1) Colls v Home was in England, where a right to light does exist since 1832 (as noted)
2) The extension is blocking some light, naturally, but not an unreasonable amount (imho)
3) An extension of similar dimension is in place 4 doors down; the people who built it did the same as we did, just told the people next door that they were - the people next door didn't spit the dummy out tho
4) The owner of the house doesn't live there, it's rented. He lives in another town, so is unable to enjoy this house anyway!

Thoughts?


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## MCK111 (12 Aug 2008)

Rock,

1) It forms part of Irish Law - 1904. Most of our laws have been inherited.
2) This would need to be established. As an Architect, I have dealt with this issue before. It requires surveys, drawings, and professional opinions based upon established practices and methods.
3) Yes, basicaly they have given up the easement (right to light) or it doesn't effect them, infringe upon the easement.
4) again no relevance, an easement is real property, and part of the house. If you rented your house, and someone decided that that meant they could build on your garden, because you weren't actually living there, and couldn't enjoy it, would it make sense?
On the plus side, as you are in posession, the burden is on your neighbours to prove that you have infringed upon their right to light.

Are they looking for an Architect?

Regards,

Niall


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