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Selling house without honouring requirement to live there...

  • 26-01-2016 10:01pm
    #1
    craic90
    Registered Users, Registered Users 2 Posts: 44 ✭


    Hi,

    We are attempting to buy a house where there appears to be some stipulation in planning grant that the vendor / vendors immediate family would have lived there for some X years prior to a sale.

    For financial reasons, this never happened, and the house lay somewhat unfinished and very much unoccupied due to financial reasons on the vendor's side.

    Question: Given that the vendor has never lived in the property, and its now 7 years later - could such a detail prevent us from being able to purchase the house?

    Thanks


Comments

  • #2
    hurikane
    Registered Users, Registered Users 2 Posts: 691 ✭✭✭hurikane


    Is it a section 47 / local needs agreement?

    If so its a condition of planning and needs to be registered as a burden on deeds. Has it been registered?


  • #3
    craic90
    Registered Users, Registered Users 2 Posts: 44 ✭craic90


    It sounds very much like a Section 47.

    Are there costs / issues associated with this?

    I'm not sure that it is registered.


  • #4
    hurikane
    Registered Users, Registered Users 2 Posts: 691 ✭✭✭hurikane


    It's supposed to be registered prior to commencement. How long ago was building commenced? The seller can apply for removal of the condition.


  • #5
    Gerryww
    Registered Users, Registered Users 2 Posts: 10 ✭Gerryww


    This is most likely a Section 47 agreement. My opinion would be to obtain a copy of the original grant of permission and examine very carefully the EXACT wording of the restricting condition attached to the decision to grant permission.

    There are numerous different ways this type condition can be worded and the wording is crucial as to who can occupy the house, these conditions are usually required to be registered as a legal burden on the site/land either prior to or shortly after commencement of construction. You can normally see if the burden was registered on the site/house by purchasing a copy of the folio via landdirect.ie.

    They can also be worded that the first occupation of the dwelling is restricted to the applicant/immediate family/or others who meet certain criteria, In such cases the stipulated number of years usually 7 or 10 is applicable from the date of first occupation (usually the date the ESB was connected to dwelling) and not the date of planning permission or commencement of building.

    I would be hesitant to purchase unless you would meet the criteria of the local authority to build a new house in the local rural area, otherwise require

    the vendor to apply to the local planning department for the condition to be removed which sounds unlikely to happen in this case.


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