Don’t overlook issue of privacy in the garden

Q I have a shed down the back of the garden (concrete solid structure) that could do with knocking down and rebuilding. I'm planning to do this while also building an extension on to the main house. I don't think I need planning permission to replace the existing structure, but I noticed the top of the roof of the shed catches a lot of sunlight in the evening. (It's north facing.) If I replace the shed with a one-storey structure, but have access to the flat roof to build a seating area, would I need to seek planning permission or would it be fine once it's within the existing height?

A I note that your question is specific to the shed and thus I assume that you have full clarity on the planning implications, if any, in respect of the proposed extension to the dwelling house.

For the purposes of the question I have to assume that the shed is a domestic shed and that this is already an exempted development, ie less than 25 square metres in size with specific height restrictions depending on the roof type. (Note: if the shed is a larger shed which required planning permission in the first instance, then planning permission would in fact be required to demolish this.)

If my presumption is correct then you do not need planning permission to demolish the shed nor to replace this with a shed not exceeding 25 square metres (including the area of any sheds on the site), again with specific height restrictions and all as laid down in Schedule 2, Part 1, Class 3 of the Local Government Planning and Development Act 2000. If a flat roof is being considered then the actual height restriction is three metres.

Using the flat roof as a seating area is a totally different issue and is not covered by the exemption. Although it is not descriptive, the provision of seating here would involve a material change of use of the space, and could even be considered as “raising the ground level”, and any significant change in ground levels (by more than one metre) would in itself require planning permission.

The main reason for this is that it would or could involve overlooking and a loss of privacy to your neighbours, which could land you in a lot of trouble if you did not have the appropriate consents for this. Accordingly, and in short, a change of this nature, which could in fact be a very positive addition to your property, does involve material change and does require planning permission.

By applying for planning permission, the planning authority will take account of these issues in formulating their decision and the neighbours who may be affected will also be afforded the opportunity to object should they consider the provision of seating here to be of significant concern to them.

Val O’Brien is a chartered building surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie

No flood cover

QI have rented a top-floor apartment for two years and following a recent storm, the roof was damaged, causing rainwater to leak through the ceiling of my apartment, ruining my laptop and some clothing.

My landlord and management company have arranged for the building repairs to be carried out, but they both have told me that they are not responsible for my loss, as their insurance doesn’t cover my belongings. I’m not too concerned about the clothes, but it’s my personal laptop and I need it for work. What can I do?

A This is very unfortunate but if the landlord and management company insurance policies do not cover loss beyond the physical property, you are effectively on your own. It is always advisable when taking a tenancy to check with the landlord and/or management company to establish precisely what types of insurance are in place.

However, in my experience it is highly unlikely that either would be willing to pay for an insurance policy to cover loss or damage to contents which are not in their ownership.

It might also be a good idea to review your lease, assuming you have one. The lease is the formal contract between you and the landlord and may have a clause specifically dealing with contents.

Tenants’ contents are generally the sole responsibility of the tenant and they should make sure that they maintain suitable contents insurance.

It would be impractical for a landlord or management company to insure the contents when they don’t own or indeed know precisely what they are or their value.

I would suggest that that as you have been a long-standing tenant for over two years you might ask the landlord to share the cost of replacing the laptop as a goodwill gesture, but be very clear, they are not obligated to.

The alternative is possibly to talk to your employer to see if they have some form of insurance which may cover loss away from their main place of business.

Finally, in order to prevent such an occurrence happening again, make out a detailed list and approximate costs of the contents which you value and get some quotes to cover the insurance replacement costs. You will find these costs are not excessive assuming the value of the contents is limited. In the event that you move, notify your insurance company and the policy can be transferred to your new address.

Gerard O’Toole is a chartered residential agency surveyor and a member of the Society of Chartered Surveyors Ireland, scsi.ie