Do old planning conditions come with the sale of a house?

adocholiday

Hi all,

We are currently in the process of buying a house and we've just received a copy of the original grant of planning for the property in 1999. The property is in Wicklow and comes with about 20 conditions, some of which are standard enough but some that are quite strict.

Just wondering whether or not we inherit these conditions when we buy the property? For example, the house must be an off-white colour and doors/windows must be teak or pine. Are we completely bound to these still 20 years later? Now these aren't really a concern as such because the house is off the road and not visible at all due to foliage/trees but would be good to know if we were technically breaking the conditions with this in place. There are other conditions similar to this too. To be clear - I'm not asking whether or not we should do any unapproved changes, just asking if we inherit the conditions of planning

JimmyMW

adocholiday wrote: »

Hi all,

We are currently in the process of buying a house and we've just received a copy of the original grant of planning for the property in 1999. The property is in Wicklow and comes with about 20 conditions, some of which are standard enough but some that are quite strict.

Just wondering whether or not we inherit these conditions when we buy the property? For example, the house must be an off-white colour and doors/windows must be teak or pine. Are we completely bound to these still 20 years later? Now these aren't really a concern as such because the house is off the road and not visible at all due to foliage/trees but would be good to know if we were technically breaking the conditions with this in place. There are other conditions similar to this too. To be clear - I'm not asking whether or not we should do any unapproved changes, just asking if we inherit the conditions of planning

Yes they are coming with the property, however you may submit a planning application to have them removed.

Gumbo

adocholiday wrote: »

Hi all,

We are currently in the process of buying a house and we've just received a copy of the original grant of planning for the property in 1999. The property is in Wicklow and comes with about 20 conditions, some of which are standard enough but some that are quite strict.

Just wondering whether or not we inherit these conditions when we buy the property? For example, the house must be an off-white colour and doors/windows must be teak or pine. Are we completely bound to these still 20 years later? Now these aren't really a concern as such because the house is off the road and not visible at all due to foliage/trees but would be good to know if we were technically breaking the conditions with this in place. There are other conditions similar to this too. To be clear - I'm not asking whether or not we should do any unapproved changes, just asking if we inherit the conditions of planning

Yes, the planning stays with the house, not the owner.
Can you give us an example of one of hear conditions and why it’s a starange one that the original developer hasn’t complied with it?

Stanford

Solicitor for any Purchaser will look for compliance with planning permission in the Requisitions for Title

adocholiday

The vendor has complied with all of the conditions and we have a cerificate of compliance too so no problems on that front. We're buying the house as a bit of a 'doer-upper' though and some of the conditions could be potential blockers for that.

There are conditions like the house must be a rendered cement finish, but we wanted to do some stonework. Or it's forbidden to construct a bedroom as an inner room unless it is on the ground floor but we might want to construct an extension with an upper level bedroom. I know that this would require planning anyway due to low ceiling heights in the attic but that condition of planning just makes me worry that we could potentially be buying something we can't really change to our liking!

Metric Tensor

You will always have to comply with the planning conditions unless you apply for the removal of some of them or a subsequent planning supersedes them. Apply for planning permission for the stonework and if it's suitable you will get permission.

Also an inner bedroom is against the building regulations and you have to comply with those too.