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Does the land have to be in my name for full pp?

  • 17-02-2012 4:11pm
    #1
    Registered Users, Registered Users 2 Posts: 68 ✭✭


    Sorry this may seem like a silly question. I have a site I wish to build on in the near future. The site is not in my name yet, it belongs to a family member. Does the site have to be transferred to my name before I apply for planning permission or can this be done after?

    Thanks in advance for any replies.


Comments

  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    lollymob wrote: »
    Sorry this may seem like a silly question. I have a site I wish to build on in the near future. The site is not in my name yet, it belongs to a family member. Does the site have to be transferred to my name before I apply for planning permission or can this be done after?

    Thanks in advance for any replies.
    you simply need a letter from the owner stating they give consent for your to apply for PP


  • Registered Users, Registered Users 2 Posts: 68 ✭✭lollymob


    BryanF wrote: »
    lollymob wrote: »
    Sorry this may seem like a silly question. I have a site I wish to build on in the near future. The site is not in my name yet, it belongs to a family member. Does the site have to be transferred to my name before I apply for planning permission or can this be done after?

    Thanks in advance for any replies.
    you simply need a letter from the owner stating they give consent for your to apply for PP
    Thanks a mill for that!


  • Registered Users, Registered Users 2 Posts: 5,422 ✭✭✭just do it


    BryanF wrote: »
    you simply need a letter from the owner stating they give consent for your to apply for PP

    This is true, I've gotten permission with such a letter for my site.


  • Registered Users, Registered Users 2 Posts: 68 ✭✭lollymob


    So would I be right in saying that I need the land transferred to my name before applying for the mortgage?

    Thanks for your help.


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


    lollymob wrote: »
    So would I be right in saying that I need the land transferred to my name before applying for the mortgage?
    To have any hope of using it as collateral, yes.


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  • Registered Users, Registered Users 2 Posts: 90 ✭✭patrickn


    The transfer of site will have to be lodged in Land Registry where a Dealing number is issued. This no. is your place in the queue at Land Registry as it may take months and usually suffices for Mortgage.


  • Registered Users, Registered Users 2 Posts: 68 ✭✭lollymob


    patrickn wrote: »
    The transfer of site will have to be lodged in Land Registry where a Dealing number is issued. This no. is your place in the queue at Land Registry as it may take months and usually suffices for Mortgage.
    Thanks for that Patrickn


  • Closed Accounts Posts: 3 joe kavnagh


    you can apply for a morgage with out it being in ur name but u cannot and will not be let draw down any money till that is in ur name. this is fact as iv been there before. you can apply for the planning even if its in someone elses name...........you actually dont legually need permission for this from the land owner but it is better to do so because it will assure the council they will not be involved in conflict


  • Registered Users, Registered Users 2 Posts: 46,555 ✭✭✭✭muffler


    you can apply for the planning even if its in someone elses name...........you actually dont legually need permission for this from the land owner but it is better to do so because it will assure the council they will not be involved in conflict
    That is 100% wrong.


  • Registered Users, Registered Users 2 Posts: 68 ✭✭lollymob


    muffler wrote: »
    you can apply for the planning even if its in someone elses name...........you actually dont legually need permission for this from the land owner but it is better to do so because it will assure the council they will not be involved in conflict
    That is 100% wrong.
    Thanks for all the replies! Does anyone know how long the process with solicitors will take? Are we talking weeks/months?


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  • Registered Users, Registered Users 2 Posts: 5,422 ✭✭✭just do it


    lollymob wrote: »
    Thanks for all the replies! Does anyone know how long the process with solicitors will take? Are we talking weeks/months?

    I take it you are just talking about for your planning application at this stage? That being the case you'll probably find your county council have a pro-forma letter that you ask the land owner to sign without the need of going to a solicitor. Otherwise your architect/ planning advisor should have one that you can get signed.


  • Closed Accounts Posts: 3 joe kavnagh


    to muffler................it is not wrong in my case i had no written permission when applying for planning as there were legal issues but had work of mouth..........which in my case was trusthworthy was never asked for permission nor was the land owner (for the planing purposes) never said it was a good idea but it is possible.........i also know of other cases all in co. wexford..................as iv said before no advisable but still possible


  • Registered Users, Registered Users 2 Posts: 46,555 ✭✭✭✭muffler


    to muffler................it is not wrong in my case i had no written permission when applying for planning as there were legal issues but had work of mouth..........which in my case was trusthworthy was never asked for permission nor was the land owner (for the planing purposes) never said it was a good idea but it is possible.........i also know of other cases all in co. wexford..................as iv said before no advisable but still possible
    In what year did you apply for planning permission?


  • Registered Users, Registered Users 2 Posts: 405 ✭✭Innish_Rebel


    lollymob wrote: »
    Thanks for all the replies! Does anyone know how long the process with solicitors will take? Are we talking weeks/months?

    To be honest - how long is a piece of string...

    WE are currently transferring a site - building work has started. Our solicitor is currently waiting for a bank (coincidence our mortgage bank) to release some charges that affected part of the site from 20 years ago previous solicitor was a bit lax - there is no issue with it but the bank is just really slow to clear the charge...

    In relation to the mortgage our bank were happy with a letter from solicitor stating the transfer was in the process as the idea of waiting for the transfer to complete - well from what I've heard land registry can take months...


  • Registered Users, Registered Users 2 Posts: 68 ✭✭lollymob


    lollymob wrote: »
    Thanks for all the replies! Does anyone know how long the process with solicitors will take? Are we talking weeks/months?

    To be honest - how long is a piece of string...


    WE are currently transferring a site - building work has started. Our solicitor is currently waiting for a bank (coincidence our mortgage bank) to release some charges that affected part of the site from 20 years ago previous solicitor was a bit lax - there is no issue with it but the bank is just really slow to clear the charge...

    In relation to the mortgage our bank were happy with a letter from solicitor stating the transfer was in the process as the idea of waiting for the transfer to complete - well from what I've heard land registry can take months...
    That's great, thanks for the reply! I may get the ball rolling so!!


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