Selling house with no PP for shed

Leitrim86

Hi, im in the process of selling my house in leitrim and at contract stage have noticed my steel shed is 36sq metres rather than the allowed 25sqm..it has been built over ten years and our buyers are more than happy to apply for retention,( which they probably won't even need to do) it's in a rural area and there are trees and hedges grown at the side of it so can't even be seen from road.. I would apply for retention myself however owners don't want to wait around 8 weeks or more for planning to go through..Just wondering can I legally sell the property especially as the house it self has cert of compliance and passed full structural survey
Thanks for any advice offered

alias no.9

I would have thought the buyers carried all of the risk on this and its down to the advice they get from their solicitor and their decision after that.

moleyv

Are they getting a mortgage?

TheBully

the buyers solicitor won't let the sale go through until this has been resolved, although he is employed by the buyer and they want the sale, he is still under legal obligation for all paperwork to be in order, in other words, he is also working for the banks!

You will be fine if it is a cash sale though.

Calahonda52

TheBully wrote: »

the buyers solicitor won't let the sale go through until this has been resolved, although he is employed by the buyer and they want the sale, he is still under legal obligation for all paperwork to be in order, in other words, he is also working for the banks!

You will be fine if it is a cash sale though.

Standalone sheds like this don't get the same blowback from lenders, especially now where they are chasing market share.
The problem is easily solved by demolition which does not impact the PPD
If it was attached to the house, yes, different story

TheBully

Calahonda52 wrote: »

Standalone sheds like this don't get the same blowback from lenders, especially now where they are chasing market share.
The problem is easily solved by demolition which does not impact the PPD
If it was attached to the house, yes, different story

I don't think the buyer will want to go down the demolition route, I'd rather wait the few weeks for retention than knock a shed.

Leitrim86

Calahonda52 wrote: »

Standalone sheds like this don't get the same blowback from lenders, especially now where they are chasing market share.
The problem is easily solved by demolition which does not impact the PPD
If it was attached to the house, yes, different story

The shed is steel attached to 3 inch concrete base and screwed on to blocks 3 block high, the shed can be disassembled at any time and moved to anywhere in the garden once concrete base is down..it's hidden by trees etc, have no neighbours etc and buyers want to increase it's size also

sydthebeat

Come to an agreement where the costs of a retention application is taken off the purchase price, and get the purchasers to indicate to the solicitor that they are willing to take the planning risk and for him to accept a qualified certificate of compliance on their behalf

Leitrim86

sydthebeat wrote: »

Come to an agreement where the costs of a retention application is taken off the purchase price, and get the purchasers to indicate to the solicitor that they are willing to take the planning risk and for him to accept a qualified certificate of compliance on their behalf

How much would retention cost? I understand as it's over ten years no enforcement can be made to knock it

Gumbo

Leitrim86 wrote: »

How much would retention cost? I understand as it's over ten years no enforcement can be made to knock it

Standard planning costs, newspaper notice, maps, drawings and increases LA fee of €102.

Probably €1k depending. And of course the 3 month wait for the final grant.

It all hinders on whether the buyers survey picks up on it.

Leitrim86

kceire wrote: »

Standard planning costs, newspaper notice, maps, drawings and increases LA fee of €102.

Probably €1k depending. And of course the 3 month wait for the final grant.

It all hinders on whether the buyers survey picks up on it.

Buyers survey never picked up on it,

sydthebeat

Leitrim86 wrote: »

Buyers survey never picked up on it,

its not the buyers responsibility to ensure everything on site is planning compliant... its the sellers.

pre purchase reports wouldnt (shouldnt) cover planning matters

Leitrim86

Legally can i sell once they agree to take the risk to apply for retention?

Gumbo

Leitrim86 wrote: »

Legally can i sell once they agree to take the risk to apply for retention?

I think so.
I don't know the legal recourse if they then find out that planning may have been required.

Can you post a pic of the shed. Generally if it's a garden type shed, wooden or steel, most class this as movable structures and don't count them towards their planning exemption figures (one could argue that they should) but that's for another bread.

Gumbo

Leitrim86 wrote: »

Thanks for your response, they are fully aware of this and as they want to increase the size of the shed they don't mind it not having planning. I just wasn't sure if solicitor would allow sale to go through as they don't want to wait over 8 weeks for us to get retention

If the surveyors report mentions it, then your solicitor will pass the info on, and the bank will stop the sale.

If your solicitor knows the info, AFAIK, he must pass that info to the buyers solicitor.

Gumbo

Leitrim86 wrote: »

Even if the shed can be disassembled at any time and moved to another site? There are no foundations, it's built over ten years, it's steel frame attached to blocks built three block high

Depends. Technically it eats into the allowable limits of Planning Exemptions.
If its greater than 25 Sq. M, then yes, it can halt a sale. I thought you knw this, hence the thread?

As I said previously. it depends on the wording of the surveyors report. And if he didn't mention it, then what you or the sellers have told their solicitors/bank.
I've seen sheds like this slip through the net, and I've also seen them being picked up and either retention lodged or sheds removed (on a temp basis)

Leitrim86

kceire wrote: »

Depends. Technically it eats into the allowable limits of Planning Exemptions.
If its greater than 25 Sq. M, then yes, it can halt a sale. I thought you knw this, hence the thread?

As I said previously. it depends on the wording of the surveyors report. And if he didn't mention it, then what you or the sellers have told their solicitors/bank.
I've seen sheds like this slip through the net, and I've also seen them being picked up and either retention lodged or sheds removed (on a temp basis)

Is this 25sq metres internally? If so could I build stud wall inside to bring the floor space down to the 25sqms??

James Bond Junior

Could the shed be dismantled for a few weeks? Split the cost between the buyer and seller.

Gumbo

Leitrim86 wrote: »

Is this 25sq metres internally?

Yes

Leitrim86 wrote: »

If so could I build stud wall inside to bring the floor space down to the 25sqms??

Technically yes.

James Bond Junior wrote: »

Could the shed be dismantled for a few weeks? Split the cost between the buyer and seller.

This is what I would do.

Leitrim86

kceire wrote: »

Yes



Technically yes.



This is what I would do.

Thanks for all your advice, I think we will probably just say that we intend to take shed down and erect it at our new house and this should solve the issue I hope