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Would retention application affect being Statute Barred?

  • 06-01-2013 8:52am
    #1
    Mur1983
    Registered Users, Registered Users 2 Posts: 29 ✭


    The house is question has sheds etc. build around 12 years ago without planning permission they exceed the maximum allowed area without planning. As they are 12 years old they are Statute Barred from having an Enforcement Notice against them.

    If we were to apply for retention and it was refused would we then lose our rights to be Statute Barred? i.e. could we be made knock them down.

    Thanks
    Ger


Comments

  • #2
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,145 Mod ✭✭✭✭BryanF


    Mur1983 wrote: »
    The house is question has sheds etc. build around 12 years ago without planning permission they exceed the maximum allowed area without planning. As they are 12 years old they are Statute Barred from having an Enforcement Notice against them.

    If we were to apply for retention and it was refused would we then lose our rights to be Statute Barred? i.e. could we be made knock them down.

    Thanks
    Ger
    No, retention to regulate the property will not effect this.


  • #3
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    Mur1983 wrote: »
    As they are 12 years old they are Statute Barred from having an Enforcement Notice against them.
    Not quite, they are statute barred from prosecution proceedings being completed. However, a warning letter or an enforcement notice can always issue, it is up to the owner to prove they are outside the remit of being prosecuted.

    It's a minor distinction, but it is worth noting, just in case anyone thinks that having an unauthorised development on their property for a certain period would mean you can't be issued with an enforcement notice.
    Mur1983 wrote: »
    If we were to apply for retention and it was refused would we then lose our rights to be Statute Barred? i.e. could we be made knock them down.
    No, as BryanF said, but if the retention is refused you still have an unauthorised development on the property and it could become an issue if you are going to sell. It would all depend on the buyers, their solicitors and advising professional.


  • #4
    muffler
    Registered Users, Registered Users 2 Posts: 46,544 ✭✭✭✭muffler


    Mur1983 wrote: »
    build around 12 years ago without planning permission.............. As they are 12 years old.
    You need to be sure of the exact dates/age of the buildings here. The period in which a PA can successfully take enforcement proceedings is any time up to 7 years after the expiry date of the PP


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