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planning permission query

  • 22-11-2005 11:52am
    #1
    skywalker_208
    Registered Users, Registered Users 2 Posts: 1,350 ✭✭✭


    think this would be the correct forum for this one..

    just wondering if anyone who has purchased a site to build a house got a contract drawn up to agree a price with the landowner before applying for planning permission so he cant up the price if the permission if accepted?

    is this usual practice?

    thanks


Comments

  • #2
    yop
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    In our case it was a "Trust" thing, he did mention that "since it is 2 years since we agreed to buy it that it had gone up X amount" but he was only messing!!
    Not sure what can be done but for peace of mind it would be handy to have a formal agreement in place


  • #3
    elliebn
    Registered Users, Registered Users 2 Posts: 111 ✭✭elliebn


    Not sure if you are the seller or the buyer, we bought our site about a year ago (just about to break ground one or two delays but not due to planning) we met with the auctioneer who advised us to buy subject to full planning permission, paid a deposit of 2500 and handed the rest of it over to our solicitor who liaised with the sellers solicitor. we never signed any contract and i was worried that if someone came in with a higher bid that we would have been left high and dry which is probably very foolish but it went ahead with no issues and is now officially ours.


  • #4
    squire1
    Registered Users, Registered Users 2 Posts: 730 ✭✭✭squire1


    I agreed to buy land for my site. I agreed a price with the landowner and we mutually agreed that 12 months would be an acceptable time for me to obtain PP. We had contracts drawn up which stated that the sale of the land was agreed subject to full PP being granted and that if full PP was not granted within 12 months the contract for sale was invalid and we could both walk away with no obligations. This is all standard practice.

    As it turned out, PP took a bit longer but the landowner was very good and the sale went through after about 14 months at the agreed price.

    My advice is: get a contract that is time based but give yourself enough time (more than you think) to get PP. Agree the conditions informally with the seller first and then get a solicitor to draw up a contract.

    Remember Stamp Duty is payable to the Gov. on top of the price you agree with the landowner. (4% I think).

    All of the above advice is assuming you are the buyer. If you are the seller, just be nice and give the buyer a break.;)

    Best of luck with it.


  • #5
    skywalker_208
    Registered Users, Registered Users 2 Posts: 1,350 ✭✭✭skywalker_208


    :) Thanks for the info guys..

    im actually the buyer.. :) (hopefully)!!!


  • #6
    rooferPete
    Registered Users, Registered Users 2 Posts: 1,497 ✭✭✭rooferPete


    Hi,

    If the vendor appears to be a bit concerned over he time period you want in the contract you can purchase an option to buy the site within the time agreed.

    It is a risk because the amount paid is not refundable but also a guarantee that the vendor will not change his mind or take a higher offer while you are process of getting your permission.

    .


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