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Retention permisision/downsizing the garage.

  • 18-05-2016 12:01pm
    #1
    Piligrim333
    Registered Users, Registered Users 2 Posts: 20 ✭


    Hi all, I'm new in the topic so need a piece of advice. We are planning to buy a house with a garage on the site (44 sq.mtrs) which has been built 14 years ago. The the seller bought the property with the garage in place few years back and didn't bother to apply for retention permission.

    We are happy with the house and we would apply for retention permission ourselves for the discount received from the seller.

    My question is - if the application is refused, would we be able to reduce the size of the garage down to 25 sq mtrs or is it too late at that stage?


Comments

  • #2
    lovehathi
    Registered Users, Registered Users 2 Posts: 229 ✭✭lovehathi


    I heard some were 7 year rule. If it's there for long u don't need permission . I might be wrong it's not a advice.
    Piligrim333 wrote: »
    Hi all, I'm new in the topic so need a piece of advice. We are planning to buy a house with a garage on the site (44 sq.mtrs) which has been built 14 years ago. The the seller bought the property with the garage in place few years back and didn't bother to apply for retention permission.

    We are happy with the house and we would apply for retention permission ourselves for the discount received from the seller.

    My question is - if the application is refused, would we be able to reduce the size of the garage down to 25 sq mtrs or is it too late at that stage?


  • #3
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    Piligrim333 wrote: »
    Hi all, I'm new in the topic so need a piece of advice. We are planning to buy a house with a garage on the site (44 sq.mtrs) which has been built 14 years ago. The the seller bought the property with the garage in place few years back and didn't bother to apply for retention permission.

    We are happy with the house and we would apply for retention permission ourselves for the discount received from the seller.

    My question is - if the application is refused, would we be able to reduce the size of the garage down to 25 sq mtrs or is it too late at that stage?
    Yes you would. no reason that this won't work.
    lovehathi wrote: »
    I heard some were 7 year rule. If it's there for long u don't need permission.
    Not quite,

    If there is a guiding planning permission on the site and the garage is an unauthorised development outside of that planning permission, then the LA can take enforcement action against the owner for a period of 12 years and 109 days after the grant of the planning permission.

    If there is no guiding planning permission, then the LA can take enforcement action against any unauthorised development for a period of 7 years and 63 days after the unauthorised development has been carried out.

    Outside of those periods mentioned the LA can not take any enforcement action against any unauthorised development but that does not make the development authorised, it just means it can't be actioned. But it is worth noting that any LA can refuse to deal with any planning application on a property which has an unauthorised development until such time as that development has been regularised.


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