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Receiver sale of house with planning issues....

  • 12-05-2019 10:41pm
    #1
    Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭


    Planning granted for house many, many years ago.
    Building commenced before planning expired & house was completed, but not in same position on site. Retention was applied for but never followed through.......recession kicked in.

    What would the steps be now to purchase/regularise such a property? I know a retention application will be needed (it's past the 7 odd years enforcement period now), but not sure what profession would be needed?
    An architect or engineer or surveyor etc.?
    Assume an architect would be overkill - all original plans would be available so no design needed, but which profession would have experience with planners regarding retention, septic tank, percolation area/certification etc.?

    Solicitors/conveyancing is another story I guess!

    Any input or recommendations appreciated - Limerick area.


Comments

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


    If retention was applied for, what was the decision on that?

    Retention is usually to retain what’s actually on site so if that was granted then planning may be compliant.


  • Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭Kramer


    kceire wrote: »
    If retention was applied for, what was the decision on that?

    It was never followed up - it timed out.


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Kramer wrote: »
    It was never followed up - it timed out.

    Why?

    What were they asked for in the Further Information that was substantial I wonder???


  • Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭Kramer


    Retention wasn't followed up as recession kicked in, builder/whoever got into financial trouble, everything just stopped then.
    I'm led to believe the council were willing to grant retention then, but got no response so it automatically was deemed withdrawn.
    Property has sat idle since.

    Nothing in effect with property & I'm told a completion certificate may be nigh on impossible to get now too so it looks like it may be impossible to regularise the issues - hence any advice appreciated!

    Obviously don't want to go to the expense of professional fees, solicitor/surveryors etc. if there is no possibility of completing the purchase.

    It's complicated.

    Appreciate earlier replies.


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


    Kramer wrote: »
    Retention wasn't followed up as recession kicked in, builder/whoever got into financial trouble, everything just stopped then.
    I'm led to believe the council were willing to grant retention then, but got no response so it automatically was deemed withdrawn.
    Property has sat idle since.

    Nothing in effect with property & I'm told a completion certificate may be nigh on impossible to get now too so it looks like it may be impossible to regularise the issues - hence any advice appreciated!

    Obviously don't want to go to the expense of professional fees, solicitor/surveryors etc. if there is no possibility of completing the purchase.

    It's complicated.

    Appreciate earlier replies.

    Other replies mean nothing unless the retention question is answered.
    Retention is an application to keep what’s built.

    It doesn’t need following up. It doesn’t time out as you apply to retain what’s there in the ground.


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  • Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭Kramer


    kceire wrote: »
    Other replies mean nothing unless the retention question is answered.

    I see.
    At the time, they had required a section 47 to, in effect, nullify a previously granted planning permission nearby - same land. Just happened right at the time of the crash so it wasn't replied too & everything stopped. As they had no response to this request, it was deemed withdrawn.
    This other house was never built & planning has long since expired, so what's there now is the original house that was granted planning but built in a slightly different location on the site & slightly differently orientated.

    House was completed to builders finish, airtight etc. but idle over 10 years, with no paperwork really of any kind, save for the original planning files/drawings.


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    to answer your initial question.... and local architect / engineer/ architectural technician (at domestic level theres very little difference between these professions)

    they should have enough knowledge of the county planning to administer this application


  • Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭Kramer


    sydthebeat wrote: »
    to answer your initial question.... and local architect / engineer/ architectural technician (at domestic level theres very little difference between these professions)

    That's good to know. Would I be correct in assuming there would be significant differences beween them though in terms of costs/fees?
    I guess I'm trying to not invest too much until I have an idea the purchase is at least tenable - won't mind spending more then to get everything regularised.

    Appreciate the input.


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Kramer wrote: »
    That's good to know. Would I be correct in assuming there would be significant differences beween them though in terms of costs/fees?
    I guess I'm trying to not invest too much until I have an idea the purchase is at least tenable - won't mind spending more then to get everything regularised.

    Appreciate the input.

    if they are interested in the job, then there shouldnt be that much difference.

    just remember anyone worth their salt in the building profession at the moment will be extremely busy, so expect quotes to reflect this.

    the application itself will require:
    a full survey of the building as it stands (i wouldn't accept paper plans to be proof of whats built)
    site survey to location entrance, house, garage, waste water system etc.
    report from a suitability qualified person on the septic tank / waste water system (this may require opening up of percolation area)
    may require a landscaping plan
    and if entrance is in the wrong location that may require extra work too.


    is the agent who did the original application still around?


  • Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭Kramer


    sydthebeat wrote: »
    is the agent who did the original application still around?

    I've spoken with the agent who put in the retention application but he has long since left the industry. He was helpful as much as he could though, from his memory of back then.
    Don't think anyone who worked on the original granted application is still around, given the passage of time.

    That list is exactly what I was looking for, great help, thanks :-)


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  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    I think you may be over thinking this: a receiver sale is v very different to normal house conveyancing.

    You will get little or no reps or warranties: in effect he has this pile of .... and is sold as is.

    If you are getting a bank loan then there will be issues.

    Maybe I misunderstand your question but I have worked as a receiver..:(

    “I can’t pay my staff or mortgage with instagram likes”.



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