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Establishing if use as dwelling has extinguished

  • 30-09-2014 1:08pm
    #1
    Chiorino
    Registered Users, Registered Users 2 Posts: 622 ✭✭✭


    Can anyone shed any light on the whole area of when the use of a dwelling extinguishes. Property in example has not been lived in for around 12 years, not currently habitable but not derelict either. Walls sound, roof intact and tiled (requires minor repair) but windows all broken. Has electricity to boundary, private well etc. How would you establish if it is still classed as a dwelling?


Comments

  • #2
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    why ?

    is this in relation to property tax. Bit more context woudl be nice.


  • #3
    Chiorino
    Registered Users, Registered Users 2 Posts: 622 ✭✭✭Chiorino


    D3PO wrote: »
    why ?

    is this in relation to property tax. Bit more context woudl be nice.

    No, its exempt from property tax. Its a property we are considering buying and restoring but we were told that the property can be classed as no longer being a dwelling if uninhabited/derelict for a certain period of time and you would then have to apply for planning permission to have the use reinstated.


  • #4
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Chiorino wrote: »
    No, its exempt from property tax. Its a property we are considering buying and restoring but we were told that the property can be classed as no longer being a dwelling if uninhabited/derelict for a certain period of time and you would then have to apply for planning permission to have the use reinstated.

    best bet then is to contact your local planning office for clarification on its status.


  • #5
    Chiorino
    Registered Users, Registered Users 2 Posts: 622 ✭✭✭Chiorino


    D3PO wrote: »
    best bet then is to contact your local planning office for clarification on its status.

    That's one of the things I considered but before I opened that can of worms, potentially making them aware of something they didn't know about, do they keep a register of these type of properties, how are they classed etc?


  • #6
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Chiorino wrote: »
    That's one of the things I considered but before I opened that can of worms, potentially making them aware of something they didn't know about, do they keep a register of these type of properties, how are they classed etc?

    No they wouldnt. It wouldnt be possible to administer such a thing, besides which it would be totally relisnt on people advising of property being unihnabited etc.

    all you can do is contact them with the details as you know them and get them to then clarify the status.

    TBH though unless your plan is to level the place and build something totally different on the footprint there is unlikely to be any issue at all re PP tbh.


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  • #7
    Nomis21
    Registered Users, Registered Users 2 Posts: 1,409 ✭✭✭Nomis21


    It is called Adverse possession. Google it.


  • #8
    Gatling
    Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Nomis21 wrote: »
    It is called Adverse possession. Google it.

    There buying it
    360_F_102352090_ie3kLjDIvgrT1sxVDknWCUh8PxgMYzM7.jpg




  • #9
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Nomis21 wrote: »
    It is called Adverse possession. Google it.

    No its not. :rolleyes:

    God almighty do you ever read any threads or just imagine what they are about ?


  • #10
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    Would it be wise for the OP to checkout planning permissions of any newer buildings nearby first?

    By that I mean check the conditions looking to see if there is a house nearby that was granted permsission on the bases that this one was knocked down or as I have sometimes seen used only as a farm building (like a barn or animal shed).


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