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House for sale with Occupancy Clause

  • 29-08-2011 8:30pm
    #1
    scotchie78
    Registered Users, Registered Users 2 Posts: 12 ✭


    Hello All,

    Been looking at buying a house in co. Meath. Came across a house that seem good value (this will not be a discussion on price) but turns out that the existing owners planning approval contained an occupancy clause.

    Been told by the auctioneer that there is no issue with these clauses since the down turn and the council will overturn this clause once owner has a valid reason to sell. According to auctioneers explanation of the reasons for sale I would expect this to be treated as a valid reason (I’m not going to air someone else laundry in public).

    I'm still looking at other properties and talking to other auctioneers and some aren't so confident on the ability to overturn the occupancy clause.
    I'm worried about chasing a lost cause (or clause!!) and wondering has anybody any experience of removing the clause to allow a house to be sold in Meath since the downturn??

    Thanks all in advance

    PS new to this and if i've posted in the wrong forum let me know a more relevant topic and I'll re-post


Comments

  • #2
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    the Condition canot be removed but the planning department can give a letter stating that they will not enforce that particular condition.

    It is up to the sellers to get that letter as the planners will not always give it, depending on the area the planning permission is in, the planners may only allow a sale to someone from the region.


  • #3
    galwaytt
    Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    Actually, imho, that clause is un-enforceable. To wit: house owner falls into arrears, house repossessed, Bank owns house, and puts it on the market.

    Houses with this clause have changed hands with no issue in recent years in the West.

    I'm not even going to mention the unconstitutionality of it.............it's only a matter of time before the Silks get a Big Day out of this one.

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  • #4
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    galwaytt wrote: »
    Actually, imho, that clause is un-enforceable.
    Although I agree with you, the condition is enough to stop anyone else getting a mortgage to purchase the property, so from that point it is effective and would need to be addressed before selling a property, if you want the broadest possible market.


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