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Section 11 Planning Permission

  • 08-04-2015 12:12pm
    #1
    cpier
    Registered Users, Registered Users 2 Posts: 14 ✭


    We are in the process of buying a house, within the original planning permission there was a condition (11) that basically states the original purchaser must live in the house for 10 years, this is to stop someone buying the property and immediately selling it to a property developer who may intend building 10 houses on the site.

    Our Solicitor has requested a Certificate of Compliance from the Vendor's Solicitor but they have said they will not provide one, and our Solicitor has advised that we do not proceed until a Certificate of Compliance has been supplied.

    The house was built in 2004 and I believe the Vendor purchased in 2005, and the Estate Agent has mentioned that the 10 years is nearly up. But I am not sure if that is even relevant as it states first occupancy will commence when an agreement containing that provision has been entered into with the Planning Authority, it could be possible no such agreement is in place.

    Our Solicitor is helpful but rather than explain anything has stated not to proceed until we have compliance from the Vendor. Has anyone experienced this during a house purchase or have any experience with the particular planning condition and if so can anyone offer any advice? Thanks.


Comments

  • #2
    Miamiheat
    Registered Users, Registered Users 2 Posts: 291 ✭✭Miamiheat


    cpier wrote: »
    We are in the process of buying a house, within the original planning permission there was a condition (11) that basically states the original purchaser must live in the house for 10 years, this is to stop someone buying the property and immediately selling it to a property developer who may intend building 10 houses on the site.

    Our Solicitor has requested a Certificate of Compliance from the Vendor's Solicitor but they have said they will not provide one, and our Solicitor has advised that we do not proceed until a Certificate of Compliance has been supplied.

    The house was built in 2004 and I believe the Vendor purchased in 2005, and the Estate Agent has mentioned that the 10 years is nearly up. But I am not sure if that is even relevant as it states first occupancy will commence when an agreement containing that provision has been entered into with the Planning Authority, it could be possible no such agreement is in place.

    Our Solicitor is helpful but rather than explain anything has stated not to proceed until we have compliance from the Vendor. Has anyone experienced this during a house purchase or have any experience with the particular planning condition and if so can anyone offer any advice? Thanks.

    I have no idea about the subject matter but you are paying your lawyer so he SHOULD explain things to you.


  • #3
    sods law
    Registered Users, Registered Users 2 Posts: 4 ✭sods law


    Hi, we are in very similar position. How did this end up? It appears the law is muddy/grey/complex in these matters.

    After searching the internet for days, I 've found very little and am none the wiser.

    Please let me know if you resolved the matter and bought the house - it would be very helpful. Tearing my hair out.


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