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Residency clause

  • 07-05-2018 8:59pm
    #1
    Registered Users, Registered Users 2 Posts: 338 ✭✭


    Hi, I am looking at a site with planning permission. The vendor notes a residency clause, or what they say, you have to be from the area and in need of housing. What classifies as being from the area? Where can I find this?


Comments

  • Closed Accounts Posts: 3,378 ✭✭✭CeilingFly


    I think that was made illegal by a eu case last year.

    Ask a solicitor and maybe do a bit of Google searching.

    https://www.irishexaminer.com/analysis/chance-discovery-spells-end-of-locals-only-restriction-on-one-off-housing-450596.html

    If you like a small risk, I'd go for it. I bought a house with similar restrictions in 2004 and got it below market price at the time. (its actually now valued higher than we bought it) because it excluded many people who would not take the risk.

    As i had a family member in the legal profession, they were of the opinion such restriction was illegal and in any case once we did not plan to sell within 6 years (remainder of a ten year restriction) it would not be an issue anyway.


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    CeilingFly wrote: »
    I think that was made illegal by a eu case last year.

    Ask a solicitor and maybe do a bit of Google searching.

    Development plan still applies

    OP contact your local council

    In cork local needs means filling out the ‘SF1 form’ where your asked to show a connection with an area for 7 years. The council then determine whether your eligible. In ‘areas of strong urban influence’, getting planning can be very difficult


  • Registered Users, Registered Users 2 Posts: 34,321 ✭✭✭✭listermint


    It's called local needs. And if you are not from the area or working there you have more chance of winning the lotto. Research 'local needs'.


  • Registered Users, Registered Users 2 Posts: 338 ✭✭Renno123


    Thanks. I'll contact the local authority during the week. Living in the area 5 years


  • Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭Metric Tensor


    CeilingFly wrote: »
    I think that was made illegal by a eu case last year.

    Ask a solicitor and maybe do a bit of Google searching.

    https://www.irishexaminer.com/analysis/chance-discovery-spells-end-of-locals-only-restriction-on-one-off-housing-450596.html

    If you like a small risk, I'd go for it. I bought a house with similar restrictions in 2004 and got it below market price at the time. (its actually now valued higher than we bought it) because it excluded many people who would not take the risk.

    As i had a family member in the legal profession, they were of the opinion such restriction was illegal and in any case once we did not plan to sell within 6 years (remainder of a ten year restriction) it would not be an issue anyway.

    Would love to know if you took out a mortgage to buy it - and if so did your family member act as your solicitor for the mortgage?


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  • Registered Users, Registered Users 2 Posts: 521 ✭✭✭Shaunoc


    get the local priest to write you a reference for something or other. they can do no wrong


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