Selling Protected Structure Advice Needed

Calltocall

Hi folks

I would be grateful for advice on the following

A Friend and her sister have been left their late aunts house in her will, the house is approx 1860 and is a protected structure but not in great condition, they are now looking to sell the house as they are facing a large tax bill on the house.

issue is this, before aunt passed away she made some adjustments to the house, converted two small unit bathrooms into one larger bathroom downstairs and also removed and replaced a back door to the house which had rotten through with a new basic door, the rest of the house is in its condition as when she bought it (I think) it looks untouched albeit not in great condition. From reading online she should have got planning for replacing the back door and also the bathroom, they are very concerned that as she hadn’t they will not sell the house easily.

Similar Houses in the vicinity are going for approx 800000 but they are in better condition than the aunts house.

From reading above do you think this house will be very hard to sell and also will they still get a decent price for it taking into account the non planning app work they aunt did? Again they are very concerned with revenue tax bill looming and need to sell house to pay that bill.

I’ve read about planning retention but how does one do that on let’s say a door that’s been removed? all they remember about the removed old door was that it was completely rotten through and unsafe.

Be grateful for any feedback

antiskeptic

Calltocall wrote: »

Hi folks

I would be grateful for advice on the following

A Friend and her sister have been left their late aunts house in her will, the house is approx 1860 and is a protected structure but not in great condition, they are now looking to sell the house as they are facing a large tax bill on the house.

issue is this, before aunt passed away she made some adjustments to the house, converted two small unit bathrooms into one larger bathroom downstairs and also removed and replaced a back door to the house which had rotten through with a new basic door, the rest of the house is in its condition as when she bought it (I think) it looks untouched albeit not in great condition. From reading online she should have got planning for replacing the back door and also the bathroom, they are very concerned that as she hadn’t they will not sell the house easily.

Similar Houses in the vicinity are going for approx 800000 but they are in better condition than the aunts house.

From reading above do you think this house will be very hard to sell and also will they still get a decent price for it taking into account the non planning app work they aunt did? Again they are very concerned with revenue tax bill looming and need to sell house to pay that bill.

I’ve read about planning retention but how does one do that on let’s say a door that’s been removed? all they remember about the removed old door was that it was completely rotten through and unsafe.

Be grateful for any feedback

In my experience, it won't make a blind bit of difference. I've viewed dozens of listed structures and seen them sell with far more by way of non-planning permission additions that what you're talking about. Properties with single storey extensions / all round pvc / new roof in manmade slates / etc.

Although the letter of the law says that you have to get permission (general or specific) for alterations, in practice it's not at all as rigid as that (bar perhaps you're dealing with something particularly important/historical.

Some councils are more lenient than others (Dun Laoghaire tougher than Wicklow, for instance) but nobody, but nobody is going to give a fig about the level that your talking about.

Calltocall

antiskeptic wrote: »

In my experience, it won't make a blind bit of difference. I've viewed dozens of listed structures and seen them sell with far more by way of non-planning permission additions that what you're talking about. Properties with single storey extensions / all round pvc / new roof in manmade slates / etc.

Although the letter of the law says that you have to get permission (general or specific) for alterations, in practice it's not at all as rigid as that (bar perhaps you're dealing with something particularly important/historical.

Some councils are more lenient than others (Dun Laoghaire tougher than Wicklow, for instance) but nobody, but nobody is going to give a fig about the level that your talking about.

Thank you for your reply, that puts minds at ease

antiskeptic

When selling a house (if you don't sell houses all that often) you find yourself chasing things a bit.

If, for example, you've never heard of an NPPR cert (something which certifies that there is no outstanding rental-related taxes due) then the first you'll hear about it is during conveyancing, oft-times quite aways along the process. Their solicitor will ask your solicitor for an NPPR cert ... at which point you have to start the process of obtaining one. Ergo delay, whilst you go about getting one.

So, get your friend to line up the various certs now. LPT paid cert/ NPPR (presumably exemption - the house wasn't a rental) cert/ BER cert (one required even if exempt). Make sure the sales blurb says "protected structure" since some folk don't know that BER exempt means protected - and they bail when reading horror stories on the web post-their having gone sale agreed.

If the property is registered with land registry (you can do a map check via landdirect.ie) then so much the better - it means the title is squeaky clean. You go to landdirect and zoom in on your property. If it has a folio number then it's registered

If it's not registered then the title deeds will consist of a paper trail of documentation (going back years) which have to be gone through by the other sides solicitor to make sure the title is sound enough for selling. There's no point in finding out down the line that there's some obscure right of way over the side entrance that no one, bar the deceased aunt and those enjoying the right of way, knew about.

It's worth having your friends solicitor check over the title documentation now to make sure that if not registered, it is nevertheless straightforward (which it can very well be). If it's not straightforward then there's no point in waiting until mid conveyancing to find out - with the potential of the sale agreed falling through.

Although it costs a little bit, it would be better to have your friends solicitor start straightening things out now - best of all getting your solicitor to obtain land registry status asap.

Calltocall

antiskeptic wrote: »

When selling a house (if you don't sell houses all that often) you find yourself chasing things a bit.

If, for example, you've never heard of an NPPR cert (something which certifies that there is no outstanding rental-related taxes due) then the first you'll hear about it is during conveyancing, oft-times quite aways along the process. Their solicitor will ask your solicitor for an NPPR cert ... at which point you have to start the process of obtaining one. Ergo delay, whilst you go about getting one.

So, get your friend to line up the various certs now. LPT paid cert/ NPPR (presumably exemption - the house wasn't a rental) cert/ BER cert (one required even if exempt). Make sure the sales blurb says "protected structure" since some folk don't know that BER exempt means protected - and they bail when reading horror stories on the web post-their having gone sale agreed.

If the property is registered with land registry (you can do a map check via landdirect.ie) then so much the better - it means the title is squeaky clean. You go to landdirect and zoom in on your property. If it has a folio number then it's registered

If it's not registered then the title deeds will consist of a paper trail of documentation (going back years) which have to be gone through by the other sides solicitor to make sure the title is sound enough for selling. There's no point in finding out down the line that there's some obscure right of way over the side entrance that no one, bar the deceased aunt and those enjoying the right of way, knew about.

It's worth having your friends solicitor check over the title documentation now to make sure that if not registered, it is nevertheless straightforward (which it can very well be). If it's not straightforward then there's no point in waiting until mid conveyancing to find out - with the potential of the sale agreed falling through.

Although it costs a little bit, it would be better to have your friends solicitor start straightening things out now - best of all getting your solicitor to obtain land registry status asap.

Really appreciate the info

jmBuildExt

Just in relation to

NPPR cert (something which certifies that there is no outstanding rental-related taxes due)
....
NPPR (presumably exemption - the house wasn't a rental)

NPPR (Non Principal Private residence) is not really to do with rental income or tax there on....

Its to do with a tax that existed between 2009 and 2013 - (It was a little taster for for the property tax we know today).
It was for people who owned more than one home (whether it was rented or not)
The main charge itself is not huge, the problem with it is... if it was not paid for a given year, there's a scale of penalties that increase with time. But the penalties stopped when the cgharge stopped meaning that i think the most anyone can possibly owe from it is about 7k
See here for more info (but your solicitor will fill you in if it applies)
http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/new_local_authority_charges_on_residential_property.html

If the aunt had only one house, I wouldn't even bother reading it
If she did, there were other exemptions too, see link.