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Porch canopy PP

  • 31-05-2019 1:05am
    #1
    Registered Users, Registered Users 2 Posts: 117 ✭✭


    I'm selling house
    Buyers solicitor see 2 issues
    He is requesting me to provide cert of compliance or cert of exemption from planning permission for:

    1) porch canopy which is 1.1sq m , 2.4m high, 6m from the footpath and within building footprint
    Porch was there before I bought the house and I'm not willing to fill somebodys pockets with cash just for looking at it and saying that yes indeed it is that small so no pp is needed

    2) a corrugated iron cover over the side of the house to protect bicycles from rain. It is a temporary fixture fitted to the boundsry wall and house wall via few screws. It can be disasembled within 10-15 minutes. Material used is cheaper than the cert of exemption.

    Question- is this required by law that for those two things porch canopy and temporary side cover to have certs of exemption from planning permission, or the solicitor is just trying to be
    too accurate?

    I get the point of getting cert for a solid construction fitted penamently with the house with electricity, water, etc, but for a glass panel porch screwed to the entrance, and few pieces of corrugated iron?



    I have already replied to the buyers that if their solicitor insist on getting the cert for the side cover I will simply remove it from the property.


Comments

  • Registered Users, Registered Users 2 Posts: 17,868 ✭✭✭✭fritzelly


    Taking the piss, the porch is well within planning guidelines and the side cover is a non issue

    Is the solicitor incapable of using Google or are the buyers looking for a discount?


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,451 Mod ✭✭✭✭DOCARCH


    Solicitor is being pedantic (especially in relation to cover to side passage), in my opinion, but probably within their rights to seek the opinions.


  • Moderators, Society & Culture Moderators Posts: 40,357 Mod ✭✭✭✭Gumbo


    MrMaki wrote: »
    I'm selling house
    Buyers solicitor see 2 issues
    He is requesting me to provide cert of compliance or cert of exemption from planning permission for:

    1) porch canopy which is 1.1sq m , 2.4m high, 6m from the footpath and within building footprint
    Porch was there before I bought the house and I'm not willing to fill somebodys pockets with cash just for looking at it and saying that yes indeed it is that small so no pp is needed

    2) a corrugated iron cover over the side of the house to protect bicycles from rain. It is a temporary fixture fitted to the boundsry wall and house wall via few screws. It can be disasembled within 10-15 minutes. Material used is cheaper than the cert of exemption.

    Question- is this required by law that for those two things porch canopy and temporary side cover to have certs of exemption from planning permission, or the solicitor is just trying to be
    too accurate?

    I get the point of getting cert for a solid construction fitted penamently with the house with electricity, water, etc, but for a glass panel porch screwed to the entrance, and few pieces of corrugated iron?



    I have already replied to the buyers that if their solicitor insist on getting the cert for the side cover I will simply remove it from the property.
    fritzelly wrote: »
    Taking the piss, the porch is well within planning guidelines and the side cover is a non issue

    Is the solicitor incapable of using Google or are the buyers looking for a discount?

    Its not the Solicitors job to determine if Planning is Compliant or not. That's the vendors job.

    Any alterations to a house requires a cert of compliance with the granted planning or a cert of compliance with the exempted development regulations.

    Its a pity the OP's Survey/Solicitor wasn't as good at their job when they bought, as they could have used the same cert from then now.


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


    MrMaki wrote: »
    1) porch canopy which is 1.1sq m , 2.4m high, 6m from the footpath and within building footprint
    Porch was there before I bought the house and I'm not willing to fill somebodys pockets with cash just for looking at it and saying that yes indeed it is that small so no pp is needed
    .

    how is a porch 6m from a footpath? do you mean the public footpath?

    any chance of a pic?


  • Registered Users, Registered Users 2 Posts: 117 ✭✭MrMaki


    sydthebeat wrote: »
    how is a porch 6m from a footpath? do you mean the public footpath?

    any chance of a pic?

    It is a typical house on a typical estate in suburban area of Dublin. There is a driveway between the porch and entrance to the property. Then there is a front boundary wall and then public footpath and public estate road.

    The porch thing was not reported to my solicitor when I bought this house as surveyor I used number of years ago didn't see an issue with PP.


    Why are county councils providing guidelines on what require PP and what not, even providing the details like size , or distance, if after all you still need to provide certificates and pay for them...

    I get that solicitor is not an architect, but if CC provide these info, a person with average iq would figure out the numbers , and only if any doubt they could ask for clarification

    It is just a money scam in my view


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  • Registered Users, Registered Users 2 Posts: 117 ✭✭MrMaki


    Here is the porch

    Roof over it is part of the house since new.


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,451 Mod ✭✭✭✭DOCARCH


    Don't want to be sticking any spanners in the works....but....that porch could be more than 2.0m.sq. when you include the area of the (former) external wall that is not internal?


  • Moderators, Society & Culture Moderators Posts: 40,357 Mod ✭✭✭✭Gumbo


    MrMaki wrote: »
    It is a typical house on a typical estate in suburban area of Dublin. There is a driveway between the porch and entrance to the property. Then there is a front boundary wall and then public footpath and public estate road.

    The porch thing was not reported to my solicitor when I bought this house as surveyor I used number of years ago didn't see an issue with PP.


    Why are county councils providing guidelines on what require PP and what not, even providing the details like size , or distance, if after all you still need to provide certificates and pay for them...

    I get that solicitor is not an architect, but if CC provide these info, a person with average iq would figure out the numbers , and only if any doubt they could ask for clarification

    It is just a money scam in my view

    Your entitled to your view, but a solicitor or Surveyor will not accept a lay mans explanation that their works are Planning Exempt.

    That's why you must provide the Cert from a professional who carries PI Insurance.

    Should cost no more than €500.

    The County Councils issue Guidelines on exempted Development in order to help home owners and guide Professionals. It is the Department of Environment and Local Government that decide on exemptions through legislation.

    Its a bit like buying a TV. The receipt proves you bought it and it should be fit for purpose. The Cert provides an opinion to the new owner that the house and its developments are planning compliant.

    There's also a matter of Building Regulation Compliance but it appears you may not have to work about that as you left the original front entrance door in place.


  • Registered Users, Registered Users 2 Posts: 117 ✭✭MrMaki


    DOCARCH wrote: »
    Don't want to be sticking any spanners in the works....but....that porch could be more than 2.0m.sq. when you include the area of the (former) external wall that is not internal?
    That former external wall, now internal has not been touched. The only thing added to the original construction is glass panel to the side total 55cm long and glass door and two glass panels at the front. Total 197cm.


    €500 for that? Not a chance I'll pay. I prefer to spend €16 and leave it in the skip yard, same for the side iron panels..


  • Moderators, Society & Culture Moderators Posts: 40,357 Mod ✭✭✭✭Gumbo


    MrMaki wrote: »
    That former external wall, now internal has not been touched. The only thing added to the original construction is glass panel to the side total 55cm long and glass door and two glass panels at the front. Total 197cm.


    €500 for that? Not a chance I'll pay. I prefer to spend €16 and leave it in the skip yard, same for the side iron panels..

    Better get removing so.
    You will also need a BER for the sale to proceed u less you got one within the previous 10 years.


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  • Registered Users, Registered Users 2 Posts: 117 ✭✭MrMaki


    kceire wrote: »
    Better get removing so.
    You will also need a BER for the sale to proceed u less you got one within the previous 10 years.

    Yep, that is done. I did lot of work on the house, so it jumped from d2 to c1 😎


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