Property Clinic

EXPERTS EXPLAIN:Ask our experts for advice on your property problems

What's the maximum-size extension I can have with my 50 sq m garden?

Q My back garden is small – 10m by 5m – the same as that of the house behind me. What’s the maximum-sized rear extension I can build? I live in Dún Laoghaire-Rathdown. An architect says I must leave 12-15sq m in the back garden per bed space. Is this true?

A The extension of a dwelling house to the rear is exempted development under the Planning and Development Regulations 2001 provided a number of conditions and limitations are met. Such conditions and limitations relate to the size and height of the extension, distance of the extension from boundary walls, the amount of open space that will remain in the back garden as a result of the extension, the location of windows in the extension, and restrictions on use of the roof of the extension as a balcony or roof garden.

Specifically in relation to open space, it is a requirement that the construction or erection of an extension to the rear of the house shall not reduce the area of private open space to less than 25 sq m.

Based on a back garden measuring 10m by 5m (50 sq m), an extension of up to 25 sq m would be exempted development, provided that all other conditions and limitations are met, most notably conditions and limitations relating to the size of the extension depending upon whether the dwelling is terraced, semi-detached or detached.

This should be confirmed with the planning authority.

If you wish to build an extension that exceeds the conditions and limitations set out in the regulations, it will be necessary to apply for planning permission.

In the event that planning permission is sought, the provisions of the Dún Laoghaire Rathdown County Development Plan 2010 – 2016 will apply.

Section 16.3.2 of the Development Plan requires that there should be 60 sq m of private open space behind the front building line for 3/4/5-plus bedroom houses. For one- or two- bedroom houses, a figure of 48 sq m may be acceptable.

John Spain is a chartered surveyor and member of the Planning Development Professional Group of the Society of Chartered Surveyors Ireland. www.scsi.ie

Don't fence with your neighbours

Q During the past year I have been restoring family property boundary walls and am currently on the western line. In times past there was a stone wall separating the neighbour’s property along this line – the remains of it can be seen in places. There currently exists a stake and wire boundary fence, in place for very many years. This week, while working on the western boundary line, I had need to burn off the thick and extensive accumulation of grass and briar growth of perhaps 20 years. To my surprise, beneath it I discovered the remains of the stone wall that had clearly been gathered up and dumped. Over the years the natural wild vegetation had covered it over.

Clearly what had happened was that the neighbour had unilaterally removed the stone wall, dumping it over my property line and replacing it with stake and wire. This had happened when my property had been empty for some time and so could easily be done without discovery – clearly somebody like me showing up years later was not anticipated.

The other property owner (who had clearly forgotten about the dumped stone wall) now wants to erect a new boundary fence, and recently approached me to joint-finance it. Having uncovered the original wall, I am of a mind to have him rebuild it at his sole expense, or alternatively, insist that he fully pay for the new boundary fence. What do you think?

A The first issue is to determine where the actual legal boundary of the property is. In your letter you do not say which side of the original stone wall the stake and wire fence has been erected on, but assuming this fence has been erected on your side of the original wall, then it must be proven where the actual legal boundary for the property is.

It is important to point out that the boundary shown on the land registry is not the legal boundary but is only shown on the land registry map for “identification purposes” and is therefore not guaranteed by the State. Consequently, physical evidence of the original boundary will take precedence over any boundary shown on the land registry map. As it is still possible to see parts of the original stone wall, this should be used as a guide for establishing the true legal boundary between the two properties in the event that a new fence is erected where the original stone wall was.

In a case where the fence has been in existence for more than 12 years, it will by adverse possession become the legal boundary. Given the fact the property has been uninhabited for some time, it would be difficult to prove whether or not this time limit has or has not passed.

The issue of rebuilding the wall would be a difficult one to prove as there is no actual evidence that your neighbour has unilaterally removed the stone wall. Its destruction could have been due to adverse weather conditions or poor condition of the wall. Therefore, it is not possible to prove your neighbour is liable to rebuilding the original wall.

As I have pointed out, you do not state whether the fence has been erected inside your neighbour’s property, ie their side of the stone wall.

If the fence has been erected inside your neighbour’s property, then they would be within their rights to rebuild the new fence in the same location as the existing stake and wire fence. Although you are not legally obliged to pay towards the cost of constructing the new fence, it is something that I would recommend, to ensure good neighbourly relations for the future.

The final issue that I'd like to draw your attention to is burning off of grass and briar growth. The Environmental Protection Agency website provides clear guidelines for this practice which would be of use for you in the future. This information can be found at iti.ms/HeNPTQ/

Niamh O'Reilly is a chartered geomatic surveyor and member of the geomatics professional group of the Society of Chartered Surveyors Ireland. www.scsi.ie

Subletting plan could save deposit

Q I moved into an apartment about nine months ago and still have another three to go on the lease. I need to emigrate for work purposes, but if I leave early (and break the lease) will I lose my deposit? I can’t afford to lose it as I need the money, but I have to take a job . . . What can I do?

A The rights of a tenant to terminate a lease will differ depending on whether they are in a fixed term or periodic (Part 4) lease. Given that you say you moved into the apartment nine months ago and also say you are leaving three months early, then I will assume you are in a fixed-term lease of one year.

In this case you may give notice to the landlord that you wish to terminate the lease, but this notice must be in writing and you must also request that you are allowed to sublet the property to another tenant. You must also give 28 days' notice. If the landlord refuses to allow you to sublet the property, then you will be entitled to terminate the lease and get your deposit back. If you are allowed to sublet the property, then it is your responsibility to find a tenant to replace you at the rent that you are currently paying and under the terms of your existing lease, unless otherwise agreed with your landlord. If you do not give notice in the correct manner then you may be liable to pay the rent for the remaining period of the lease. Please refer to the Private Residential Tenancies Act 2004 and the Private Residential Tenancies Board for further information. See prtb.ie

Fergal Hopkins is a member of the Residential Property Professional Group of the Society of Chartered Surveyors. www.scsi.ie