Property Clinic

Q About eight years ago I put a small conservatory on the back of my house and it appears someone has now made a complaint about it. I wasn’t aware that I needed planning permission for this. Can you advise me of my options? How do I find out if I need planning permission and, if so, what is involved in seeking retention.

A The Planning and Development Regulations 2001 (as amended) provide that certain extensions, which include conservatories, to the rear of a house are exempted development. A number of conditions must be met for the conservatory to qualify as exempted development (for instance, concerning how close it is to boundaries, location of windows and so on).

The key provisions are that the extension must be to the rear of the property and, when considered cumulatively with any other extensions, the floor area should not exceed 40sq m. Most conservatories would be exempted development where there have been no other extensions to the property.

We recommend contacting a planning consultant or your planning authority about whether the conservatory qualifies as exempted development.

If there is uncertainty about whether it is exempt, an application for a Section 5 Declaration can be made to the local authority.

This seeks a declaration from the authority as to whether or not the conservatory is exempted. The application costs €80 and the local authority decision usually takes about four weeks.

The application needs to be supported by sufficient drawings and details to allow the local authority to make a determination. There is a right of appeal to An Bord Pleanála.

If the conservatory is not exempted development and has been in place for over seven years and meets a number of conditions (for instance, it is not in breach of a planning condition or does not relate to a protected structure), it may be immune from enforcement action. This does not mean that the conservatory is considered an authorised structure in planning terms, but only that no enforcement action can be taken.

If it is established that planning permission is needed, an application for retention permission can be made. This is made in the same way as an application for planning permission and will be considered by the local planning authority. The application must be supported by documentation, including drawings, application form, application fee, site and newspaper notices.

There will be a right to first and/or third-party appeals.

John Spain is a member of the planning and development professional group of the SCSI

Q bedroom house about three weeks ago and have since had a structural survey carried out. The survey report has highlighted some issues that need to be rectified which could cost in the region of €3,000-5,000. Who pays for this?

A I assume that you are buying a second-hand house. If so, the vendor is not normally obliged to address the issues as there is no snagging process (as occurs with the purchase of a new house).

When buying second-hand houses, you are buying the house as is unless otherwise agreed.

When the market is sluggish and potential purchasers are few and far between, vendors may decide to contribute towards the cost of some works simply to get the sale completed. This is a matter for negotiation between the parties.

When the market is busy and there are under-bidders or at least a good prospect of getting a new purchaser, vendors may decide not to contribute to the cost of the works.

In this situation, you then have a choice to buy the property at the agreed price and pay for the works yourself or to pull out of the transaction.

In the last few years, it has become more common for purchasers to seek a reduction in the agreed price as compensation for works but the recent resurgence in the market has made vendors more likely to take a tougher stance on the issue.

Simon Stokes is chairman of the residential committee of the SCSI

Q -west facing (which is a bit more expensive) and the other is east facing. I have heard that the aspect is important and that south-west is the best, but is it really worth the extra few thousand given the general lack of sunshine in Ireland?

A You are correct in saying that the aspect of a house is considered important by some people but not by all and so it really depends on how important the aspect is to you.

If you have no issue with an east-facing garden then paying a premium for a south-westerly garden may seem extravagant, especially given the Irish weather.

Generally speaking east-facing gardens will get the sun in the mornings whereas south-west facing gardens tend to get it from early afternoon to sunset – but it does vary depending on the time of year.

The decision also really depends on your situation. If you are buying the house as an investment to achieve a rental income, then I would question the importance of the aspect.

However, if you are buying with the thought of resale value in mind, then there is no doubt that a south-westerly rear garden will be more sought-after and hence may achieve a greater return.

If the east-facing house needs some work and you are in a position to build an extension, there are very clever ways of maximising the light by using glass.

In truth the majority of buyers feel that a south-westerly garden is a bonus but the house itself, be it the design, finish and layout, will often outweigh aspect.

If you are buying the home to live in, then it is also worth considering building a raised patio area at the end of your garden to capture the last of the evening rays.

Ultimately, the demand from buyers in the market for both houses may determine which house you buy.

Felicity Fox is a chartered surveyor and member of the residential property group of the SCSI, scsi.ie

Send your queries to: propertyquestions@irishtimes.com or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2.

This column is a readers' service. Advice given is general and individual advice should always be sought.