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Planning Permisssion and Implied Contract Terms

  • 20-10-2008 10:26am
    #1
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭


    Is a condition of planning permission an implied term in a contract between developer and home buyer.

    MM


Comments

  • #2
    stepinnman
    Registered Users, Registered Users 2 Posts: 167 ✭✭stepinnman


    mountainyman wrote: »
    Is a condition of planning permission an implied term in a contract between developer and home buyer.

    MM

    Interesting question and I'm not so sure that it is an implied term between the developer and the home buyer.

    A breach however of a term in the planning condition that results in injury or harm to the home buyer might be actionable against the Architect who signs the Architect's Certs re Planning Permission and Building Regulations as it is him/her who certifies that the property has been built substantially in compliance with the Planning Permission.


  • #3
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Since there's no contract between planning authority and homebuyer, I would say it couldn't be a term on that basis alone.

    Caveat Emptor generally applies with land including planning issues, which is why the standard Law Society contracts for the sale of land deal with planning. I don't believe the law implies any terms into such contracts.


  • #4
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    mountainyman wrote: »
    Is a condition of planning permission an implied term in a contract between developer and home buyer.

    MM

    I would have thought that if General Condition 36 of the Standard Contract for Sale is left unamended by suitable special condition, that it by implication forms an express term of the contract; by virtue of the fact that the vendor has warranted that all planning matters are in order, if this isn't the case the purchaser may have a remedy against vendor under said condition.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,644 ✭✭✭✭Victor


    Without going through standard or modified contracts, I think two test come to mind very quickly (a) is it legal? (b) is it fit for its intended purpose?

    (a) While the sale and purchase of land is legal, the property is fundamentally tainted.

    (b) A structure that the council might require to be demolished is not fit for its intended purpose.


  • #6
    servicecharge
    Registered Users, Registered Users 2 Posts: 124 ✭✭servicecharge


    dats right said. If they didn't add a special condition varying GC 36 in your contract than it is part of the contract.


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