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Planning permission issues when buying

  • 13-03-2008 1:24pm
    #1
    pami_81
    Registered Users, Registered Users 2 Posts: 27 ✭


    Hi all
    My partner and I have found a lovely house that we are interested in buying. Of course, there is a but.
    The current owners built on to the house without planning permission and apparently there was an objection to it.
    We have been told that we could apply for retention but we are wondering what kind of consequences this could have for us if we were to buy the house? Obviously we are not 'guilty' as we did not build without planning permission but would we end up in a lot of trouble for just being the owners? Could it prove costly for us?


Comments

  • #2
    Mellor
    Registered Users, Registered Users 2 Posts: 39,898 ✭✭✭✭Mellor


    Check could it be classed as exempt for a start.


  • #3
    muffler
    Registered Users, Registered Users 2 Posts: 46,543 ✭✭✭✭muffler


    Any decent solicitor would not allow a house to be either bought or sold in these circumstances. If retention permission is required then it will be incumbent on the present owners to regularise this.

    Tell your solicitor to have this written into the contract if he/she hasnt already done so.


  • #4
    sydthebeat
    Subscribers Posts: 42,168 ✭✭✭✭sydthebeat


    as muffler has stated.

    Your solicitor should request a certificate of compliance for all development on the site. If the extension was exempt, the vendors should provide a cert of exemption. If its not exempt then then need show this on a cert of compliance. If theres no planning and its is required, then its up to them to apply for permission.


  • #5
    sinnerboy
    Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    pami_81 wrote: »
    but would we end up in a lot of trouble for just being the owners? Could it prove costly for us?

    yes . follow advice of others here


  • #6
    pami_81
    Registered Users, Registered Users 2 Posts: 27 ✭pami_81


    Thank you so much for your help everybody. I will take this into consideration.


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  • #7
    curadh
    Closed Accounts Posts: 302 ✭✭curadh


    Sorry, just for my own knowledge of this - If the extension is done, and the property changes hands, then I cant see the council coming back to issue fines orders etc. How long has the extension been there? If its new enough then there may be an issue, but the person objecting should have called the council while it was being built.. From a legal standpoint though regarding floor area and plans, ordinance survey maps etc., retention would have to be sought by the new owners or old owners, but this isnt urgent. It would affect the value and selling price of the house though.
    Also OP are you sure that the extension isnt exempt from planning if its just a single storey under 40 square metres?


  • #8
    smashey
    Registered Users, Registered Users 2 Posts: 21,676 ✭✭✭✭smashey


    curadh wrote: »
    Sorry, just for my own knowledge of this - If the extension is done, and the property changes hands, then I cant see the council coming back to issue fines orders etc. How long has the extension been there? If its new enough then there may be an issue, but the person objecting should have called the council while it was being built.. From a legal standpoint though regarding floor area and plans, ordinance survey maps etc., retention would have to be sought by the new owners or old owners, but this isnt urgent. It would affect the value and selling price of the house though.
    Also OP are you sure that the extension isnt exempt from planning if its just a single storey under 40 square metres?

    The property shouldn't change hands until the extension is regularised by either a retention application or a certificate of compliance/exemption.


  • #9
    sydthebeat
    Subscribers Posts: 42,168 ✭✭✭✭sydthebeat


    curadh wrote: »
    Sorry, just for my own knowledge of this - If the extension is done, and the property changes hands, then I cant see the council coming back to issue fines orders etc. How long has the extension been there? If its new enough then there may be an issue, but the person objecting should have called the council while it was being built.. From a legal standpoint though regarding floor area and plans, ordinance survey maps etc., retention would have to be sought by the new owners or old owners, but this isnt urgent. It would affect the value and selling price of the house though.
    Also OP are you sure that the extension isnt exempt from planning if its just a single storey under 40 square metres?

    A cert of exemption should still be sought by the purchasers solicitor if this is the case.


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