Selling house with no planning permission for garage

karlnolan

Hi, I'm selling my house and I don't have planning permission for the garage. It was build in 2005/2006 and is about 30 sq meters. The garage is seperated from the detached house, which was build at the same time. The house is located in Co. Cork in the country side.

Do I need to apply for retention planning permission? and if so, how do I apply, and how much is it?

Any information will be very much appreciated;

Kind Regards
Karl

seamus

Useful information here:
https://galwayplanningblog.wordpress.com/2011/02/03/default-planning-permission-after-7-years/

It falls outside the statute of limitations, which means that there's no problem with the fact that it's unplanned development. Nobody can bring you to court or force you to pull it down. In past days a solicitor/purchaser would have said, "Ah sure it's grand" and gone ahead and bought.

Some still might, but by and large most people will do things by the book these days and you'll find it very hard to get a buyer without that planning permission. A cash buyer might take it, but a bank won't allow draw down without retention permission having been granted.

I'd advise talking to your solicitor first to see what they think.

Poor Uncle Tom

Applying for retention for the garage is not a huge deal on its own, the person who has the drawings from 2005/2006 should be able to work from the same details just adding the new garage details. €800 - €900 should cover it.

The catch here will probably be that the LA will insist on compliance with all the conditions of the 2005/2006 planning permission before granting any new permission.

kilclon

seamus wrote: »

Useful information here:
https://galwayplanningblog.wordpress.com/2011/02/03/default-planning-permission-after-7-years/

It falls outside the statute of limitations, which means that there's no problem with the fact that it's unplanned development. Nobody can bring you to court or force you to pull it down. In past days a solicitor/purchaser would have said, "Ah sure it's grand" and gone ahead and bought.

Some still might, but by and large most people will do things by the book these days and you'll find it very hard to get a buyer without that planning permission. A cash buyer might take it, but a bank won't allow draw down without retention permission having been granted.

I'd advise talking to your solicitor first to see what they think.

It may not yet fall outside the statute of limitations. Depends on when the planning permission was granted. 12 years from the date permission was granted.

seamus

kilclon wrote: »

It may not yet fall outside the statute of limitations. Depends on when the planning permission was granted. 12 years from the date permission was granted.

This is correct, if planning permission was granted.

If planning permission was never sought, it falls outside statute after 7 years.

However, I do see now that I misread the original post and didn't realise the house itself was built at the same time, presumably with PP.

RORY O CONNOR

A garage is exempted development-you do not need planning permission.

Poor Uncle Tom

RORY O CONNOR wrote: »

A garage is exempted development-you do not need planning permission.

A 30 sq m detached garage is not exempted development.

RORY O CONNOR

I stand corrected. Previously I had understood garages were exempted however was not aware of the floor size. If you want to avoid the costs of putting in a planning application for retention knock the rear wall down and make the floor area less than 25 square meters.


Can I build a garage?

You can build a garage, carport, shed, greenhouse, kennel for domestic pets, etc., as long as it does not extend out in front of the building line of the house and does not exceed 4 metres in heighr, (if it has a tiled or slated pitched roof), or 3 metres (if it has any other roof type). The floor area limitation for exempted development is 25 square metres (which includes the floor area of any existing garage,shed etc. for example, if there is an existing shed of 15 square metres then the exempted limitation would be 10 square metres) and the structure may not be lived in, used for commercial purposes or for keeping pigs, poultry, pigeons, ponies or horses. Garages, sheds, etc. to the side of the house must match the finish of the house. You cannot reduce the open space at the side or rear of the house below 25 square metres.

sydthebeat

RORY O CONNOR wrote: »

I stand corrected. Previously I had understood garages were exempted however was not aware of the floor size. If you want to avoid the costs of putting in a planning application for retention knock the rear wall down and make the floor area less than 25 square meters.

wow

seriously???

RORY O CONNOR

sydthebeat wrote: »

wow

seriously???

It's just a cost effective suggestion as an alternative to a retention planning application which will take at least 8 weeks to come to fruition and cost you about €1500.

I'm really sorry for trying to be helpful.

sydthebeat

RORY O CONNOR wrote: »

It's just a cost effective suggestion as an alternative to a retention planning application which will take at least 8 weeks to come to fruition and cost you about €1500.

I'm really sorry for trying to be helpful.

cost effective?? ah here..... :rolleyes:

the poster just wants to get their ducks in a row to sell the house.

it should cost them no more than the 800-900 already mentioned.

martinn123

sydthebeat wrote: »

cost effective?? ah here..... :rolleyes:

the poster just wants to get their ducks in a row to sell the house.

it should cost them no more than the 800-900 already mentioned.

Are you assuming the Retention will be automatically granted, no down side ?

martinn123

What about this, if it'S 30 SQM, maybe 7.5x 4m

Build a row of blocks internally at 6.25m up to roof, slab and plaster, the 25 SQM is internal floor space Yes?

sydthebeat

martinn123 wrote: »

Are you assuming the Retention will be automatically granted, no down side ?

Im saying the most economical advantageous course of action is to apply for retention permission.

Gumbo

martinn123 wrote: »

What about this, if it'S 30 SQM, maybe 7.5x 4m

Build a row of blocks internally at 6.25m up to roof, slab and plaster, the 25 SQM is internal floor space Yes?

What about the void that this creates?
Fire, confined space, gas build up etc etc

karlnolan

Hi All, thanks for all the comments;

The interior floor space is about 26.3msq. I may just go for the planning retention because I thought, and I told the builder, who is now in oz, I wanted 25 msq.

Kind Regards