Purchasing house with planning compliance issue

Dopey

I am in the process of purchasing a house in Meath. The surveyor noticed that the septic tank is in the wrong place and a sliding door is larger than it's supposed to be. He suggested that retention shouldn't be a problem. It was built over 7 years ago.

He thought it would take 3 months if the vendor moves quickly to resolve. I spoke to two others. One thought it could take 2 months while the other said 6 months.

Which is the most likely length of time?

moleyv

Dopey wrote:

Which is the most likely length of time?

12 weeks from the time of submission all going well. Its possible to be done three weeks quicker. Depends on the planners work load.

If there is further information required it will add on a decent amount (month minimum)

Stanford

I assume planning has already been granted for the work? It is irrelevant how long ago the work was done.

Even if an application for retention was lodged on Monday the Local Authority will take 2 months to grant permission and then there is the 1 month period for An Bord Pleanala appeals so even with the best will in the world it will take at least 3 months. However the Surveyor cannot guarantee that the planning will be granted. It is for the Vendor to produce evidence that any works which have been done are in compliance with planning, why hasn't your Solicitor picked this up in the Requisitions For Title?

moleyv

Stanford wrote:

I assume planning has already been granted for the work? It is irrelevant how long ago the work was done.

It can be very relevant.

Stanford

"It can be very relevant"

Would you care to expand as to why?

moleyv

Stanford wrote:

Would you care to expand as to why?

In planning if 5,7,12 years mean nothing to you, I'd question your knowledge of planning.

Also for the OP, you should find out if the percolation/site suitability testing was done pre 2009 EPA guidelines.

Stanford

I don't see the point in questioning my knowledge of planning, why don't you explain the significance to the OP which would be more helpful

moleyv

Stanford wrote:

I don't see the point in questioning my knowledge of planning, why don't you explain the significance to the OP which would be more helpful

Stanford wrote:

Even if an application for retention was lodged on Monday the Local Authority will take 2 months to grant permission and then there is the 1 month period for An Bord Pleanala appeals so even with the best will in the world it will take at least 3 months. However the Surveyor cannot guarantee that the planning will be granted. It is for the Vendor to produce evidence that any works which have been done are in compliance with planning, why hasn't your Solicitor picked this up in the Requisitions For Title?

A 'decision' has to be issued in 8 weeks, it can be done in 5. You used the word grant, that is wrong. A grant can only be issued after no appeal or an unsuccessful appeal. Min, 4 weeks.

So it is possible to have a grant of permission in 9 weeks.

The date of the original percolation testing is what may be the deciding factor in the overall timeline for this issue to be resolved.

Stanford

Agreed, I did mean a Grant of Permission which can only be issued after the ABP appeal time period subject to no appeal or an unsuccessful appeal, what is the relevance of the " 5,7,12 years"?

moleyv

Stanford wrote:

Agreed, I did mean a Grant of Permission which can only be issued after the ABP appeal time period subject to no appeal or an unsuccessful appeal, what is the relevance of the " 5,7,12 years"?

They are of relevance to being statute barred.

The OP mentioned being built 7 years ago. Although I *think* as the septic tank is an environmental issue, it might not fall under the provisions. Something I would have to double check. If planning couldn't enforce on it, I'm sure environment could.

The larger door would likely just be a formality to sort out.

Unless the OP is lucky, I would imagine new percolation testing will be required.

If the agent sorting it out for the vendor doesn't look into if it was done pre 2009 EPA guidelines, it will go to FI and add a substantial time to the application.

Unless the septic tank is only slightly off.

Just be aware OP, if there is a mortgage, these things would need to be sorted before money would be released.

Gumbo

Stanford wrote: »

"It can be very relevant"

Would you care to expand as to why?

Because the septic tank is very likely to be part of one of the conditions of the original planning which means the length of time for no enforcement proceedings increases to 12 years.

Also ask the vendors about here issues? As they may be slightly out compared to the original planning but still in substantial compliance with the permission.

Angry bird

Once same loading as approved going into septic tank system, then an engineer's report detailing how it's working, being maintained etc should suffice.