Is a garden shed that overhangs the party wall legal ?

kieranwaldron

My neighbour recently erected a large garden shed next door to me in his rear garden area. He kept the shed so close to the block party wall between us that he used the party wall as a scaffold to erect the metal roof panels without any consultation with me. When he had finished the shed I noticed that under heavy rain conditions the shed actually deposited rainwater into my garden. I complained to Kilkenny CC about this nuisance. About six weeks after I complained he came back to shed and fitted a gutter on the side of the shed adjoining my property which diverted the rainwater coming off the roof of the shed elsewhere. He also used the party wall as a scaffold whilst erecting the gutter. The latter overhangs the party wall by 140mm or so. Is it legal to overhang a party wall with any part of a garden shed ?


The use of the party wall to both erect the shed in the first instance and to maintain it (fix the gutter) gives him a vantage point on my property which he should not have at all and has implications for my privacy and security. Have I got the right to complain to KCC about this and ask them to force him to relocate the shed elsewhere in his garden so that it does not have an impact on my property ?

Stanford

Did he apply for planning to erect the shed?

On no account is your neighbour allowed to erect any structure which intrudes over the boundary wall between your properties

Nigzcurran

I presume your not friends as the gutter wouldn’t have been a problem if you were but obviously he shouldn’t have anything overhanging into your garden. Is it 140mm on your side of the wall or in total?

kieranwaldron

Nigzcurran wrote: »

I presume your not friends as the gutter wouldn’t have been a problem if you were but obviously he shouldn’t have anything overhanging into your garden. Is it 140mm on your side of the wall or in total?

You are right to assume we are not friends as we have had other issues going back a few years. The gutter overhangs the 220mm thick block party wall by 140mm and doesn't intrude into my garden area.

Gumbo

kieranwaldron wrote: »

You are right to assume we are not friends as we have had other issues going back a few years. The gutter overhangs the 220mm thick block party wall by 140mm and doesn't intrude into my garden area.

So he is 30mm over the theoretical boundary.
He should have kept it within his site.

Standing on the wall to fix the roof or similar is a non issue. It’s a temporary prop to aid in doing something so that’s irrelevant.

The overhanging or oversailing the boundary is an issue and you cannot enjoy the planning exemptions if any part of the structure is outside the curtilage or the site.

kieranwaldron

kceire wrote: »

So he is 30mm over the theoretical boundary.
He should have kept it within his site.

Standing on the wall to fix the roof or similar is a non issue. It’s a temporary prop to aid in doing something so that’s irrelevant.

The overhanging or oversailing the boundary is an issue and you cannot enjoy the planning exemptions if any part of the structure is outside the curtilage or the site.

As far as I know the whole of the boundary wall in this country is jointly owned by both parties on either side it, so a theoretical line down the middle of the wall is not particularly relevant.


I think the use of the boundary wall in the first instance to fix the roof panels is a valid complaint by me. If the shed needs maintenance at any time in the future it siting gives him the right to walk on the party wall to carry the works out, and he could snoop all over my rear garden area at the same time. If the shed was sited away from the wall this would not happen,

BryanF

Gutter shouldn’t overhang. But that’s about it. If you can’t live with it, and are willing to fall out further, your next steps are to contact the council again stating the roof overhangs, and then seek professional planning advice.

yabadabado

kieranwaldron wrote: »

As far as I know the whole of the boundary wall in this country is jointly owned by both parties on either side it, so a theoretical line down the middle of the wall is not particularly relevant.


I think the use of the boundary wall in the first instance to fix the roof panels is a valid complaint by me. If the shed needs maintenance at any time in the future it siting gives him the right to walk on the party wall to carry the works out, and he could snoop all over my rear garden area at the same time. If the shed was sited away from the wall this would not happen,

Is this not going a bit overboard?
Does anyone really care what's going on in their neighbours back garden.

It's hardly an issue, no more so than he could just get a ladder and look into your garden anytime he wants if it something he wanted to do.

Gumbo

kieranwaldron wrote: »

As far as I know the whole of the boundary wall in this country is jointly owned by both parties on either side it, so a theoretical line down the middle of the wall is not particularly relevant.


I think the use of the boundary wall in the first instance to fix the roof panels is a valid complaint by me. If the shed needs maintenance at any time in the future it siting gives him the right to walk on the party wall to carry the works out, and he could snoop all over my rear garden area at the same time. If the shed was sited away from the wall this would not happen,

You’d be wrong in assuming that.
An Board Pleanala has precedent in confirming applications where the flashing is dressed onto the applicants side of the boundary wall and thus declared them exempt as within the curtalige of the dwelling.

Most recent is one in Kildare. I’ll try root out the file ref.


With regards the snooping, can he not see your back garden already if he looks out his uostairs windows? If the shed was a foot inside the boundary, and he was on a ladder fixing the roof he can still see I to your garden, is this still snooping?

SC024

I think its a bit facetious tbh. Try find something a bit more productive to do with your time