Planning Retention on 20Yrs+ Lean to Shed

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daddycool

Guest
Quick Q: Have a lean-to shed running front to back alongside my semi-D. Front and back are brick/block with access doors. Made of Timber - felt roof. Bought in 2002 and it was in-situ since mid-80s. Was told that there was no planning for it but didn't mind - wanted the house with or without.

Now are selling. In terms of retention - am I dreaming or is there some clause that if it has been there over 20 years with no complaints etc. there is no issue on retention or do I still need to apply? I also am slow to apply as it then gives the opportunity to people to object (council, neighbours etc.) My policy is always don't draw attention to these things!

Any pointers anyone?
 
If it is an unauthorised construction then you must apply for retention.

If it has been in situ for x years (depending on local authority bye-laws I think) then retention is normally "automatic", but, without documented permissions, can you prove when it was built and how long it is there?

A buyer having a survey done will ask to see proof of compliance with planning bye-laws, grants of permission, etc.

How did your surveyor, solicitor, engineer miss this or did you keep them in the dark?

You will need a surveyor / engineer / architect to draw up plans and submit the retention application. Then you just wait for a decision, and wait, and wait....

BTW, if this were a "temporary structure", i.e. a wooden shed on blocks in the back garden, it would be different, but this is attached to the fabric of the dwelling-house.
 
mathepac, theres a few issues with your post

1. "temporary structure" as a term does not exist anywhere in the exempted development regulations, thats a common myth. The exempted regs are very clear as to what is exempt and whats not. Planning may not be required for this development as it doesnt extend beyond the front building line of the dwelling and its use is as a domestic shed / store, once its floor area is less than 25 sq m.

see question 7. here : http://www.enfo.ie/leaflets/PL5%20Doing%20work%20around%20the%20House.pdf

2. if a structure has existed for in excess of 7 years (a figure which is legally debatable) then the statute of limitations for enforcement action have passed, therefore it cannot be forced to be taken down. however this does not mean that retention planning permission is "automatically" granted. If its unauthorised the retention permission is required, as you have stated, but could be refused as easily as granted. This would leave the structure in a legal limbo status, one which many solicitors would advise clients to walk from.

to daddycool.... get a professional to prepare a cert of exemption on it (assuming its exempt) ... probably will cost you around €250
 
tx Syd - just the job. Looks like exempt then under your Q7 - in line with the house, less then 25m, meets heights and finish requirements - phew

can I get a 'certificate of exemption' directly from the Co Co do you think or do I need to get a 'professional' as you recommend (architect you mean?)
 
daddycool said:
can I get a 'certificate of exemption' directly from the Co Co do you think or do I need to get a 'professional' as you recommend (architect you mean?)
Click to expand...

You will need a suitably qualified architect/engineer/building surveyor to prepare a cert of exemption(if it is exempt) in the recommended format for these certs. Your solicitor will explain what all this means.
 
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