compliance with planning for sale

walkingshadow

Hi, I have a planning query I hope you can help with. A relative of mine wanted to sell her home. In order to sell the home, she obviously needs an engineer to sign off and state the house was built in accordance with planning permission before someone can buy. The house was built 40 years ago without planning permission, so she recently applied for retention permission. The planners came back to her and said that in order to receive retention permission she will have to install a new treatment system and surface water drainage channel to the front of site.

My question is, that when it comes to the sale of the house, someone will have to sign off that its built in accordance with planning permission. So will my relative have to actually install the septic tank and drainage channel before an engineer can say its in compliance with planning, or can he sign it compliance upon mere receipt of the retention permission when she gets it?

DOCARCH

walkingshadow wrote: »

So will my relative have to actually install the septic tank and drainage channel before an engineer can say its in compliance with planning...

Basically...yes.

walkingshadow

She’ll probably be able to sell though without doing that crazy work, and the new owners can do what they like

sydthebeat

walkingshadow wrote: »

She’ll probably be able to sell though without doing that crazy work, and the new owners can do what they like

hang on, youve said that in order to get the retention, the council have said she'd have to do the work first

correct or not?

walkingshadow

She got an FI letter asking for proposals to satisfy those issues. I imagine that once information on these is sent in, the retention will be granted, but she won't actually have to install a new septic tank, etc (whats there has always worked)

BryanF

House is non-compliant with planning. Only the buyers bank can determine if the sale will go through.

sydthebeat

walkingshadow wrote: »

She got an FI letter asking for proposals to satisfy those issues. I imagine that once information on these is sent in, the retention will be granted, but she won't actually have to install a new septic tank, etc (whats there has always worked)

ah well, this is different to what you said originally.

so in order for her to receive retention permission, she must show how she will comply with treatment standards.

thus a certificate of compliance can be carried out, with a qualification that condition 'x' hasnt been complied with.

its then up to the purchaser to be happy to purchase based on this qualification, or else they would be in their rights to insist on the work carried out, or walk from the purchase.

If teh purchasers decide to take the liability and do the work themselves, your relative should expect the purchase price to be reduced by the cost of getting the work done.
invariably this would be more costly than if your relative got the work done themselves.

Poor Uncle Tom

walkingshadow wrote: »

She’ll probably be able to sell though without doing that crazy work, and the new owners can do what they like

That's the attitude that has a property which is not compliant in the first place.

walkingshadow wrote: »

She got an FI letter asking for proposals to satisfy those issues. I imagine that once information on these is sent in, the retention will be granted, but she won't actually have to install a new septic tank, etc (whats there has always worked)

A planning permission would probably be issued subject to conditions. Until those conditions have been fully complied with, which usually includes certification, the works will remain non compliant. Whether your relative or someone else carries out and pays for the works is irrelevant to the Local Authority but may not be irrelevant to any lending institution paying for the purchase of the property. (as stated above)

sydthebeat

walkingshadow wrote: »

(whats there has always worked)

impossible to tell

the existing system may have been polluting the ground water for 40 years......

hesker

walkingshadow wrote: »

She’ll probably be able to sell though without doing that crazy work, and the new owners can do what they like

God how I hate that attitude. Having been on the receiving end of it a couple of times.

In terms of price negotiation how this pans out depends on whether the market is rising or falling.

Your relative should sort their sh*t out, literally

arthur daly

It would all depend on the bank lending the money and the price and more the price.
To help case in viability for the banks get 3 different companies to price required to put the house right and knock it off the sale price.
There is absolutely nothing wrong with selling a property that needs work as long as you inform the buyer of any works needed as it will be part of sale to disclose any problems.

The main things are going to be ,price,how quick of a sale is needed.
Really your relative could sell the property tomorrow for peanuts inform the buyer of all the problems and let the new owner sort it out.

sydthebeat

arthur daly wrote: »

It would all depend on the bank lending the money and the price and more the price.
To help case in viability for the banks get 3 different companies to price required to put the house right and knock it off the sale price.
There is absolutely nothing wrong with selling a property that needs work as long as you inform the buyer of any works needed as it will be part of sale to disclose any problems.

The main things are going to be ,price,how quick of a sale is needed.
Really your relative could sell the property tomorrow for peanuts inform the buyer of all the problems and let the new owner sort it out.

could (most likely would) cause a problem if the prospective purchaser is requiring a mortgage to buy the property.

banks solicitors have gone extremely paranoid when it comes to qualified certs and non compliance of planning conditions.

dratw

Did the planners come back and grant the application to retain the house with a condition attached stating that the new surface water drainage/treatment system must be installed?

Speaking from NI/UK planning experience, development becomes 'immune' from planning enforcement action and therefore gets planning permission by virtue of the passage of time if it has been there for more than 5 years.

Sounds more like a building control issue than a planning issue.

sydthebeat

dratw wrote: »

Speaking from NI/UK planning experience, development becomes 'immune' from planning enforcement action and therefore gets planning permission by virtue of the passage of time if it has been there for more than 5 years.

certainly not the position south of the border.

The development would always remain unauthorised until regularised....
and no valid planing application can be made on the site
the development couldnt be mortgaged
the development couldnt be sold with major issues


all that would happen, if the unauthorised development has stood for more than 7 years (and some days) is that it would be statute barred from enforcement action.