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Exemption from planning, who can certify?

  • 23-10-2015 7:31am
    #1
    The Mulk
    Registered Users, Registered Users 2 Posts: 1,330 ✭✭✭


    Hi,

    I'm currently in the process of buying a house built in the 1940's.
    The house was extended in 1970 and a garage built. Planning permission was sought for the extension at that time.
    The house was sold to the current owners in the 80's and a report from an engineer is on file with the following entries,
    "I have inspected the said extension and in my opinion this extension has been erected in substantial compliance with the notification of grant of planning....the differences are unlikely to affect the planning and development of the area as envisioned by the planning authority"

    " I have further examined the garage...I am satisfied from the measurements of the said garage that it is exempt development as defined by the local Govt.(Planning and Development) Acts 1963-1983"

    Is this report enough to meet current criteria, or can our solicitor insist on something further.Am i in for a long planning process if i need to make any alterations/extensions to the back of the property should i buy it.
    The bank has issued our mortgage pack and we were expecting to sign next week


Comments

  • #2
    alastair
    Registered Users, Registered Users 2 Posts: 19,309 ✭✭✭✭alastair


    That sounds like a pretty standard Opinion of Compliance letter, and, if it's from a registered engineer or architect, it'll be all the solicitor requires.


  • #3
    The Mulk
    Registered Users, Registered Users 2 Posts: 1,330 ✭✭✭The Mulk


    Even though the letter is signed and dated in 1984?


  • #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,340 Mod ✭✭✭✭Gumbo


    The Mulk wrote: »
    Hi,

    I'm currently in the process of buying a house built in the 1940's.
    The house was extended in 1970 and a garage built. Planning permission was sought for the extension at that time.
    The house was sold to the current owners in the 80's and a report from an engineer is on file with the following entries,
    "I have inspected the said extension and in my opinion this extension has been erected in substantial compliance with the notification of grant of planning....the differences are unlikely to affect the planning and development of the area as envisioned by the planning authority"

    " I have further examined the garage...I am satisfied from the measurements of the said garage that it is exempt development as defined by the local Govt.(Planning and Development) Acts 1963-1983"

    Is this report enough to meet current criteria, or can our solicitor insist on something further.Am i in for a long planning process if i need to make any alterations/extensions to the back of the property should i buy it.
    The bank has issued our mortgage pack and we were expecting to sign next week

    Its totally up to the solicitor on both sides to accept the Opinion of Compliance. Sometimes the original can be used, depending on the wording of the certificate, and that's if it is a certificate in the first place and not just wored letter stating the above.

    We do a lot of these for sellers and depending on location, approx. €350 plus VAT should be budgeted for.


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