Do I need planning permission for a new porch?

Q Recently I have been quite unhappy with the state of my porch as it has become quite dishevelled. I plan on replacing it with an improved structure. It should be noted that my existing porch is very close to a busy road. Will I have to apply for planning permission? Any advice is greatly appreciated.

A The addition of a porch to the front of a house, particularly with older properties, is popular because it can improve insulation and security in addition to aesthetics. Fortunately, such a structure does not generally require planning permission as it is considered an exempt development under the planning and development regulations.

However, there are some conditions which must be adhered to in order for the exemption to apply. The floor area of the porch should not be greater than 2sq m and the height not greater than 4m if it has a tiled or slated roof, or 3m if it is has any other type of roof.

Also, the porch should not be less than 2m from a road, which may be an issue in this instance depending on the distance the house is from the roadside. In some cases, the edge of a road can be difficult to determine due to poor road surfacing or lack of a definite verge.

Finally, it should be noted that the demolition of an existing porch does not generally require planning permission, as long as it is in connection with the construction of a porch built in accordance with the aforementioned conditions.

Andrew O’Gorman is a chartered building and planning and development surveyor and is a member of the Society of Chartered Surveyors Ireland, scsi.ie

NPPR tax slip-up

Q The local council has contacted me to say that because I have not paid the NPPR liability in time I now have to back pay this with a fine. The amount now owing is in the thousands. I would have expected my property management company to flag these property related liabilities with me or is this usually outside their remit?

A Without question, your owners’ management company (OMC) and their agent (if any), has no liability to advise you of your taxes or undertake to pay them on your behalf. There are no grounds to assume that a third party can be held responsible for your tax liabilities.

You should have contacted the County Council where the property is situated to clarify the charge when it was originally due. Alternatively you could have sought clarification from the OMC. This task would have avoided the late penalties and informed you of your liability. The NPPR was charged from 2009 to 2013. It is no longer charged, but the charge itself and the associated penalties of non-payment are still being sought and recovered.

You will not be able to sell your property until the NPPR charge and penalties have been settled in full. You should contact the County Council as soon as you can.

The OMC is responsible for the area from your front door to the gates of the estate in layman’s terms. All that occurs inside your property and your property itself is your responsibility.

It is true to say that there are many taxes now since the recession that taxpayers are required to be aware of and are not necessarily advised are due.

I would urge you to familiarise yourself with your lease agreement that binds you to your OMC. This legal contract outlines your obligations and liabilities to the OMC and theirs to you.

It would also be helpful for all involved to attend the general meetings of the OMC to be up to date on matters concerning the development. By doing so you will be able to establish what the OMC is required to do and what your responsibilities are.

I would also recommend that you arrange a meeting with a qualified accountant who will be able to discuss and advise you on all your tax liabilities and any credits available.

Paul Huberman is a chartered property and facilities management surveyor and a member of the Society of Chartered Surveyors Ireland, scsi.ie

Wet, wet, wet

Q We recently upgraded our 1980 dormer bungalow house. We fitted triple glazed windows and doors and used external insulation.

The house is now lovely and warm but items stored in the attic are getting wet due to condensation and we have water staining on the rafters.

The pitch is very low on the exposed southwesterly side and it appears that incorrect tiles were used in building the house.

The old sarking felt was replaced with a modern one as the laps on the old felt were not correct. There is eaves ventilation.

We asked a dampness expert to visit. He suggested that we now use extra roof battens to allow more air into the attic. This is going to involve putting up scaffold, taking off the roof tiles and fitting extra battens etc and will be very expensive. Can you suggest any other solution?

A From your description it sounds like you have taken good steps towards upgrading an energy inefficient property to modern standards of comfort and energy conservation but in so doing have pushed the limit to which such buildings were designed to be heated and ventilated.

Retrofitting energy efficiency into old properties challenges the old structure to a point where the building physics cannot cope with the new regime unless the new forces at work are properly understood and dealt with.

You have increased the vapour pressure in the house by sealing off draughts with new windows and pushed up the internal temperature without controlling how the vapour moves through the structure; that water laden warm air cools at any step change point and reverts to water as the condensation you are seeing under the sarking felt.

As ambient conditions vary into the winter the condensation point changes and your symptoms might worsen if condensation begins to form in the insulation, potentially damaging the structure or, as I have witnessed, bringing down ceilings with the weight of water.

In new construction a vapour control layer or VCL is fitted to prevent such a problem. This would line the ceiling behind the plaster on the warm side of the insulation in the form of a plastic sheet, fully sealing the property by joining all elements to keep vapour warm.

Having sealed the windows and fitted external insulation you are restricting the flow of air into the house and depleting air quality by reducing oxygen levels as you breathe and further increasing vapour pressure through normal living activities such as bathing and cooking. This is an unhealthy situation that needs urgent action.

In new construction a ventilation system will be installed to ensure healthy air quality and reduce vapour pressure. Some systems also recover part of the heat from the outgoing air and sophisticated units use heat pump technology to recover all the heat and can provide hot water too.

To resolve your problem it may be possible to line your existing ceilings with a vapour barrier and new plaster board and skim but this will be a messy operation and might prove inadequate at junctions. A heat recovery ventilation system should be easy to install in your bungalow’s loft space and will reduce vapour pressure, create healthy living conditions as well as saving you energy. Your local building surveyor can advise.

Fergus Merriman is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland, scsi.ie