Extension Planning Permission Question

StiofanMac

I've recently gone sale agreed on an old terraced property in Dublin with an extension built in what would have been a very small north facing garden.

When I viewed property I noted this would be compliant with the 40 Sq. metre rule for extensions (not requiring planning permission).

A friend pointed out there is an additional criteria that 25sq metre of open space is to be maintained and that this extension would be in breach of this (they effectively used up all of garden).

So extension is in breach of current planning legislation and illegal. It would have been up for > 7 years, so the city council were not going to order it to be torn down, but it would still be a problem in a potential purchase/future sale or any renovations that might require PP.

I couldn't see any PP for the property in online database, so I popped into City Council offices this morning to get the official to look up microfilm for pre-1990 planning permissions, and it looks like it got planning permission in March 1970 (!); so – assuming it was built in line with plans [I’d have to employ an architect to pop into City archives to look at that?] – it is hopefully an extension that was legal at the time, but just would never be authorised now.

Assuming it was built in line with plans at the time, would there be any potential problems arising from extension that would not be granted planning permission now? If I was to do anything that might require PP in future (unlikely, as I would envisage any works to be internal), would the city council force me to change the structure of extension to make it compliant with current legislation?

Gumbo

Get the vendor to proved a certificate of compliance with the granted planning permission. Why should you do all the work?