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.
___________________________
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