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What stage must a new house be at prior to date of permission lapsing

  • 09-05-2018 10:25am
    #1
    Registered Users, Registered Users 2 Posts: 2,056 ✭✭✭


    What stage must a new house be at prior to date of planing permission lapsing.

    Is it site cleared, ground works, or other?


Comments

  • Registered Users, Registered Users 2 Posts: 1,167 ✭✭✭B-D-P--


    This may be different per Co Co,
    Where are you based?

    I know a lad in carlow, he had foundation started for 4-5 years before starting building.


  • Registered Users, Registered Users 2 Posts: 2,056 ✭✭✭gooner99


    B-D-P-- wrote: »
    This may be different per Co Co,
    Where are you based?

    I know a lad in carlow, he had foundation started for 4-5 years before starting building.

    Donegal


  • Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    gooner99 wrote: »
    What stage must a new house be at prior to date of planing permission lapsing.

    Is it site cleared, ground works, or other?

    You can apply for extension of duration of permission is not already done so. Can be applied for in last year of original permission.


  • Moderators, Society & Culture Moderators Posts: 40,351 Mod ✭✭✭✭Gumbo


    gooner99 wrote: »
    What stage must a new house be at prior to date of planing permission lapsing.

    Is it site cleared, ground works, or other?

    Wall plate with roof started. Otherwise apply for an extension of duration.


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


    I think the legislation says "roof level"

    This tends to be "interpreted" by most as wall-plate level but I am not sure if there is a court decision that agrees with this.

    Also - the presence or absence of septic tanks / effluent treatment systems is a question that should be asked.


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  • Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    gooner99 wrote: »
    What stage must a new house be at prior to date of planing permission lapsing.

    Is it site cleared, ground works, or other?

    Your build must be at a point of 'Substantial Completion' which, as said above is 'walls completed stage' and furthermore works cannot stop on site otherwise a new permission is required for retention of existing works and planning to complete same.


  • Banned (with Prison Access) Posts: 390 ✭✭tradesman


    AFAIK there was a court case involving michael mcdowell who stopped at wall plate and he lost - he had to have the roof substantially completed.


  • Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    tradesman wrote: »
    AFAIK there was a court case involving michael mcdowell who stopped at wall plate and he lost - he had to have the roof substantially completed.

    There was but this is entirely different and also prior to the amendment of the 2000 Act in 2010. The co co here if i recall overstood their remit in accordance with their determination and the mitigating factors on this file. There was an issue of non compliance with the parent permission which, under the amended Act S.42 is not in question. There is the possibility now to state why, for whatever reason, the development has not being completed. Each form up and down the land has the same response, "due to the recent economic climate, yada yada yada ......."

    Furthermore, for certain types of development, under a further amendment of 2017, it is possible to further extend but this is not as straightforward. Too early on a Sunday to go into this one.....:D


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