PROPERTY RIGHTS
PROPERTY
My neighbour is building an extension which I fear will block off my view and
my light. It might also affect the privacy of my back garden – is there
anything I can do?
1. Right to a View:
You may have a super view of the mountains or the sea from your
window or balcony, but the legal position is that property owners in
Ireland has no inherent rights to a view. If the extension or new
house being built is actually higher than allowed under the planning
approval, that is another matter, and you could contact the
enforcement section of the planning authority about that.
2. Right to Privacy:
The individual or family’s right to privacy is one of the personal rights
guaranteed under the Constitution and the right to privacy has been
frequently championed by Irish Judges in many cases dating back to
the 1940s.
In a more local situation such as your back garden being overlooked,
what are your rights? If the extension right beside you needs planning
approval, you can object to the plans on grounds the build will displace
and ruin your existing privacy. The planning authority will usually be
slow to allow any diminution of your privacy and will insist, for
example, on velux windows being installed as opposed to dormer
windows in your neighbour’s attic conversion. They will never allow a
new extension next door to have windows that look directly down into
your living areas particularly bedrooms and bathrooms.
If your neighbour’s new build is exempt from planning permission but
you still feel encroaches on or affects your privacy; you can bring your
complaints, in the absence of a neighbourly agreement, to court and
apply for an injunction to stop him but this will be costly unless your
privacy is seriously affected.
3. Right to Light:
An extension to a neighbouring property can often lead to disputes
between neighbours if the new building affects or seriously reduces
the natural light to the house next door.
Although there is no automatic right to light, if the new extension is
going to substantially reduce the amount of light currently enjoyed by
the neighbours, they have the right to oppose and object to the build
or in some cases go to court typically to seek an injunction to stop the
build.
Traditionally, anyone claiming the right to light had to show that they
enjoyed it for a period of 20 years but nowadays the courts are more
flexible. Anyone who feels a neighbour’s extension will impact on the
light coming into their own house can oppose the planning permission.
Two cases currently winding their way through the High Court in
Ireland could have far reaching consequences for planning
applications.
The first case concerns the extension of a residential building in Dublin
4 which neighbours claim will impact on their right to light and reduce
their Building Energy Rating [BER]. They claim the extension will force
them to use more heating and artificial light.
The second is a large apartment development in the Dublin 8 area
which neighbours claim will completely overshadow existing low rise
homes and drastically reduce the amount of light they have enjoyed
for several years.
Anyone who fears a neighbouring extension will block or reduce their
light should first speak to the neighbour. Very often plans can be
altered slightly allowing both parties can find a mutably agreeable
solution and avoid an unpleasant and costly dispute. However, if no
agreement is reached the next step is to object to the planning
application in the local council.
This must be done within five weeks of the date the council received
the application for planning and the timelines are strict. If you are
outside the five weeks, the objection will not be accepted, and you
lose the right to appeal to An Bord Pleanala if the council grants
permission.
Anyone considering building an extension should take account of the
neighbouring property and the potential to reduce or affect their light
when the plans are being drawn up. Although most architects are
aware of potential problems, it is advisable to raise it at the early
stages to avoid trouble down the road.