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deposit on a site

  • 14-10-2013 9:20am
    #1
    Registered Users, Registered Users 2 Posts: 115 ✭✭


    Could anyone tell me whats the % Deposit put down on a site subject to planning permission and if you don't get planning do you get it all back?


Comments

  • Registered Users, Registered Users 2 Posts: 37 Ramonapixie


    that would be between you and the vendor.
    you could instead of buying, apply for pp with a letter from owner granting permission to do so. you dont need to own land to apply for pp. the grant of any pp may affect the price though.


  • Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    that would be between you and the vendor.
    you could instead of buying, apply for pp with a letter from owner granting permission to do so. you dont need to own land to apply for pp. the grant of any pp may affect the price though.

    Just to add here also that unless there is a binding written contract in place, the seller can just as easily renege on the sale after you have gone thru the cost etc of getting the permission. The permission relates to the land and NOT any one person.


  • Registered Users, Registered Users 2 Posts: 2,300 ✭✭✭martinn123


    jack77 wrote: »
    Could anyone tell me whats the % Deposit put down on a site subject to planning permission and if you don't get planning do you get it all back?

    The amount of the deposit, would be subject to negotiation, say 5% .
    If the contract is Subject to Planning, then yes the deposit is returned in the event of a refusal, again covered in the Contract.



    Originally Posted by Ramonapixie viewpost.gif
    that would be between you and the vendor.
    you could instead of buying, apply for pp with a letter from owner granting permission to do so. you dont need to own land to apply for pp. the grant of any pp may affect the price though.

    [/QUOTE]
    Just to add here also that unless there is a binding written contract in place, the seller can just as easily renege on the sale after you have gone thru the cost etc of getting the permission. The permission relates to the land and NOT any one person.

    that's a bit misleading, as say in the case of Local Needs! The Planning will be relative to the applicant, and not just the Land, consult a Solicitor.


  • Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    martinn123 wrote: »
    that's a bit misleading, as say in the case of Local Needs! The Planning will be relative to the applicant, and not just the Land, consult a Solicitor.

    Regardless, the permission is attached to the land. One could argue that precedent is set with the grant and anyone who may meet the local needs would/may then qualify....

    Off the point but....


  • Registered Users, Registered Users 2 Posts: 9 sunshinery


    rayjdav wrote: »
    Just to add here also that unless there is a binding written contract in place, the seller can just as easily renege on the sale after you have gone thru the cost etc of getting the permission. The permission relates to the land and NOT any one person.

    Hi

    This post caught my eye as I currently have a deposit on a site subject to planning.

    However there is no written contract. So from what your saying I should consult a solicitor and agree a contract with the auctioneer that if I do get planning they will sell it to me for the agreed price?


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  • Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    Up to yourself. This comment would have been more for the boom years when sites were selling like no mans business whereas now a seller would be an idiot of the highest order to feck around with probable cash now. But there's always a fool out there.
    Would be no harm for what its worth though. No obligation on you to. Best safe than sorry, no??...


  • Registered Users, Registered Users 2 Posts: 9 sunshinery


    rayjdav wrote: »
    Up to yourself. This comment would have been more for the boom years when sites were selling like no mans business whereas now a seller would be an idiot of the highest order to feck around with probable cash now. But there's always a fool out there.
    Would be no harm for what its worth though. No obligation on you to. Best safe than sorry, no??...

    Yes. Especially since if I was to spend 3,4k on getting permission & then they pull out and can re-advertise the site with planning permission.

    The site is subject to local needs but still there would possibly be other local needs buyers out there.

    If I was to get a contract drawn up then I would still get deposit back if planning is refused?

    And he would be legally bound to go through with the sale at the agreed price?


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