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Planning

  • 26-05-2017 11:00pm
    #1
    Vision 2017
    Registered Users, Registered Users 2 Posts: 8 ✭


    I'm Looking at buying house. But there was condition on the planning when the current owner build the house that he had to live there for 7 years he has got permission from the council that he can now sell the house because of a change of personal circumstances.

    But the council will only allow the sale to go through if I sign a new agreement to reside in the dwelling for 7years.

    Is this common or legal?


Comments

  • #2
    mickdw
    Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    I would have thought any occupancy condition would be at worst for the remainder of the 7 years.
    If they are insisting o applying this condition to the new owner, are they also dictating that the new owner - yourself meets housing need rules for the area?
    What county is this?


  • #3
    Vision 2017
    Registered Users, Registered Users 2 Posts: 8 ✭Vision 2017


    mickdw wrote: »
    I would have thought any occupancy condition would be at worst for the remainder of the 7 years.
    If they are insisting o applying this condition to the new owner, are they also dictating that the new owner - yourself meets housing need rules for the area?
    What county is this?

    County Cork


  • #4
    mickdw
    Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    That's a whole other country down there. I wouldn't have a clue how they deal with occupancy clause.


  • #5
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    Common - yes in various guises. Haven't heard that particular slant before but not surprised.

    Legal - Questionable but you'd probably need to go as far as the ECHR.


    The seven year clauses were generally applied to houses in rural areas for which permission was granted on the basis that the applicant had a specific need to live in said area. It stopped the applicant from flipping it for a profit as soon as it was built and further discouraged other profiteers from trying the same. Now that the house is actually built and they have agreed that it can change hands I can't see how another clause can be of benefit. .... Unless you have also proven local need and they are attempting to prevent it from becoming a "commuter house"

    Anyway - conjecture here won't change the LA's mind and I doubt you'll be able to either I'm afraid.


  • #6
    Vision 2017
    Registered Users, Registered Users 2 Posts: 8 ✭Vision 2017


    The agreement was under section 47 of the planning act of 2000


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