Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Does this mean we can't buy this house?

  • 22-08-2014 10:11pm
    #1
    mel o
    Registered Users, Registered Users 2 Posts: 79 ✭✭


    I'll try to keep this as short as possible. I've been looking for a house in the townland where my mother is from for a while. I found a house that was built in the boom and not fully finished, approached the owner and agreed a price to buy it in its unfinished state (roof on, plastered, needs carpentry and second fix electrics, plumbing and some ground work.) The owner is putting two bits of land together for the sale so it had to go to the Land Registry and he's waiting for it to come back before contracts can be drawn up.

    Just yesterday, I went online to look at the planning on the site and found that when he made his application, he said the house would be for sale to someone under the rural settlement scheme. (Kerry co. co.) He also ticked the box saying it would not be a second home. He was granted permission with some conditions, none of which mentioned the rural settlement scheme but the first condition said the house should be built according to the 'plans and particulars received by the planning authorities.' While I have ties to the local area - my elderly uncle lives there and my mother is half owner of her family home and farm - I don't have 'need' of housing in this area and that's my understanding of the rural settlement scheme.

    Has anyone any idea if this means we can't buy this house? I contacted the vendor yesterday, he contacted his engineer and they're adamant that it's going to be ok. Our solicitor says to wait until the contracts come, that it's the vendor's problem to sort it out but he was pessimistic about it, saying the council are unlikely to dilute the rural settlement scheme part of the planning. Any thoughts? I'm gutted, this was to be our retirement home.


Comments

  • #2
    thesteve
    Registered Users, Registered Users 2 Posts: 902 ✭✭✭thesteve


    [I'm no lawyer] At the end of the day the planning was granted with those conditions in mind. Your solicitor should actually refuse to sign off on the sale if the conditions are not met. That said, will anyone actually check up on the particulars? Will they make you move out, sell, demolish the house? Probably not, but are you willing to take the chance?

    The land owner can sell you the land separately, so the land registry does not need to get involved bar transferring the name on the folio if the sale goes through.

    You should look into the details of how someone who got planning under that scheme can sell to someone who can't. I think that would be the only avenue that you could go ahead with the purchase.

    At the end of the day, this question can only really be answered by a property lawyer.


  • #3
    Johnnyhpipe
    Closed Accounts Posts: 748 ✭✭✭Johnnyhpipe


    Solicitor would best advise you. However I would also contact the planner and put the question to him.


  • #4
    galwaytt
    Registered Users, Registered Users 2 Posts: 12,823 ✭✭✭✭galwaytt


    Wearing my argumentative hat, If the PP doesn't attach specific conditions, then the word 'should' means exactly that - should. Doesn't rule something else out though.

    You may find the Co Co amenable, having someone with local ties like yourself actually finishing it, rather than the alternative where it may just sit and fester. ....

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • #5
    mel o
    Registered Users, Registered Users 2 Posts: 79 ✭✭mel o


    Galwaytt, that's kind of my hope- that it's better that it's me who is sort of local than joe soap with no connections to the locality, and that it's better that the house is finished off than left in its semi-finished state. The vendor is very keen to sell (makes me worry that we offered him too much!!!) so I'd say he'll do all in his power to sell it to us. Kerry County Council are picky about the rural settlement policy though so I just hope it all goes through.


Advertisement