Party Wall Query

makemineabud

Just wondering about the party wall in our back garden. If a neighbour decides to build a shed using the party wall, would they need our permission? What is the position with needing permission to build something in your back garden. I live in the Fingal County Council area and would be grateful of any advice.

Penn

Not unless it crosses the actual boundary I think. The boundary should be the centre line of the party wall (but not always the case. If in doubt check it out), so if he builds on the party wall and any part of it is over the boundary (ie gutter, blockwork, roof overhang), he can build it.

He'll also need your permission if they have to come onto your property to do any work, and ensure that any damage done to your side of the wall or your property is made good.

Poor Uncle Tom

Your neighbour can not damage the party wall, they may suspend items from their side of it without damaging it. They can not overhang it, without your express consent. Anything further you're into legal territory.

http://www.environ.ie/en/Legislation/DevelopmentandHousing/Planning/FileDownLoad,8797,en.pdf

Page 158 to page 164 gives you the exempted developments within the curtilage of a dwelling house. There may be restrictions from LA Bye Laws or if the property is within the curtilage of a protected structure, so it is best to check with a local AT/Architect/LA.

makemineabud

Thanks for those bits of info and the link. Not sure if the neighbour is planning on constructing a concrete shed or getting a wooden shed. I seem to remember that there is some law about how high any structure like that can be - or maybe it is to do with raising the wall. In any case raising the wall would seriously impede the amount of light we get in our garden. Secondly, I don't think I would grant access on my property as there was trouble there before on a similar issue.

Poor Uncle Tom

Page 157 of the link deals with the height..!