certificate of compliance with the actual planning permission

Leiva

Can anyone help with the below question.

I have gone sale agreed on a house that has 3 planning permissions granted to it from mid 1990's early 2000's. The main planning being for a side extension.

I have all the docs relating to the application that was granting of each of the 3 planning permissions which I obtained online, and from my untrained eye all looks in order, and my solicitor has requested from the vendor a certificate to say that all is in order with the 3 planning granted etc etc.

Things seem to have hit a bit of a snag which is baffling me??

The vendor has gotten a building certificate completed but it does not reference back to any of the 3 planning numbers? ..my solicitor has said its not sufficient and it will need to reference the planning numbers.
The vendor is reluctant for some reason, and says it just down to cost that he wont be paying for another report..stick with me.

After a review by my solicitor it seems the only difference between the original planning and the actual build is that a double story side extension was granted, but only a single story built, as funds ran out.
What was completed was a single story with a bedroom above (dorma style)
Would this be a breach of planning granted ? .. building less than granted?

I am thinking of even getting the report done myself and I pay for it.. how much would it cost?

If the vendor is reluctant to pay for a new report..I will, and if he wont allow it to be completed then i will smell a rat.

Its a bit of a guessing game at the moment, and i am hoping it is only the vendor being tight, but Im sure if I got this report don't myself then it should get things moving again.

muffler

Not being picky but there is a huge difference in this instance between a report and a certificate. The long and short of it is that you wont get a cert. compliance with PP unless the works on the ground have been carried out substantially in compliance with the grant of permissions. The onus is on the vendor to provide the certification.

From what you have described it would most likely take another planning application to regularise the problem.

Leiva

muffler wrote: »

Not being picky but there is a huge difference in this instance between a report and a certificate. The long and short of it is that you wont get a cert. compliance with PP unless the works on the ground have been carried out substantially in compliance with the grant of permissions. The onus is on the vendor to provide the certification.

From what you have described it would most likely take another planning application to regularise the problem.

Thanks Muffler.

Yea I called my local planning Dept and they said even though its a smaller build it is still an illegal building as its not as per the granted permission.

Its older than 7yrs and it may not be a problem with regards to planning enforcements, but she advised that a new application should be sought which sounds like the right solution to me.

muffler

Spot on regarding the enforcement but the biggest difficulty you may encounter is getting a mortgage sorted out if applicable. Your solicitor will have to issue a "clean bill of health" to the lenders and in the absence of a cert. compliance then he/she will not be in a position to issue the proper documents.

Even if there isn't a mortgage involved your solicitor is there to protect you and would be opposed to you purchasing the house if planning matters are not in order.

From what you have described I would imagine that an application for retention would be be fairly straightforward but it does take a bit of time though.

Leiva

muffler wrote: »

From what you have described I would imagine that an application for retention would be be fairly straightforward but it does take a bit of time though.

how long approx ?

cost ?

muffler

Time wise for the PA to process the application would take about 3 months from start to finish and that's providing it goes straightforward.

Fees can vary an awful lot depending on where you are located and who you get. The fixed fees for the actual application will be €2.50 per sq. metre or a min. of €102 if it's less than 40 m2 which I assume it is. Maps and newspaper notice could add up to 100 - 150 euro and then you pay someone for the plans which could be anything from 3 or 4 hundred to maybe a grand depending on the amount of detailing required and if other plans are available etc.

In any event the seller should be sorting this out.

Poor Uncle Tom

Leiva wrote: »

Its older than 7yrs and it may not be a problem with regards to planning enforcements,

Just to bear in mind that the seven years start from the expiration of the five year period of the planning permission which was not adhered to.

sinnerboy

muffler wrote: »

In any event the seller should be sorting this out.

Just to emphasize this - there is no way a purchaser should entertain any of this.

DOCARCH

sinnerboy wrote: »

Just to emphasize this - there is no way a purchaser should entertain any of this.

+1

If you are borrowing money, it will be simple, your lender/mortgage provider will not lend the money to complete the purchase without the title being clean/regularised.

So, the vendor must sort this out for themselves.