Unfilled planning conditions

doc22

I'm looking for advice a house was partial built by family member and had substantially unfilled planning conditions -septic tank, vision lines, drainage,local residence basically everything it was a self build money pit that is a house got the better of them and the planning ran out without extension. With unfilled conditions is the property now legally unsaleable? as it is significantly compliant and is unauthorized as such. And to fix the issues would new planning have to apply or would the council unofficially just be happy that they were rectified

Peregrinus

It's not legally unsaleable, but its value is signficantly affected. A purchaser will want to get a new planning permission and complete the development in accordance with that permission and all its conditions, and have completion and satisfaction of conditions properly certified. This may mean undoing and redoing some of what has already been done, either because different planning conditions are imposed, or simply because the work already done wasn't certified at the time and can't now be certified.

Exactly how big of a hit to market value you are looking at depends, obviously, on what work has already been done, whether and to what extent it was compliant with the permission and was certified as compliant, whether any new permission will be in similar terms to the old permission, and how much rectification and completion work will be required. But as the vendor I wouldn't be expecting to turn a profit on this transaction.

muffler

No info provided regarding what stage the works are at so "substantially complete" would cover a lot of issues.

doc22

muffler wrote: »

No info provided regarding what stage the works are at so "substantially complete" would cover a lot of issues.

What's "substantially complete" mean regarding covering issues? It's complete in walls, roof, plastered etc but planniing conditions still to be met. PP lapsed 5/6 years ago

Gumbo

doc22 wrote: »

What's "substantially complete" mean regarding covering issues? It's complete in walls, roof, plastered etc but planniing conditions still to be met. PP lapsed 5/6 years ago

Structure complete, roof on, windows in and externally finished?

Calahonda52

One also needs to check if the house is properly located on the site as per the pp, I would start with that, especially with vision line issues

doc22

Calahonda52 wrote: »

One also needs to check if the house is properly located on the site as per the pp, I would start with that, especially with vision line issues

It's more that there's an esb poll in the way :pac:


Is substantially complete only good for planning extension? in current stance I can't see any benefit. Any work septic tank/pro area etc needs brand new planning and Planting hedge trees etc no so much...

As an unauthorized(not meeting conditions) do councils ever do enforcement, how would the issues be brought into there radar..

Bellejelles

Extended planing permission
https://www.irishtimes.com/news/politics/oireachtas/developers-can-build-with-expiring-planning-under-new-bill-1.3146583?mode=amp

Gumbo

Bellejelles wrote: »

Extended planing permission
https://www.irishtimes.com/news/politics/oireachtas/developers-can-build-with-expiring-planning-under-new-bill-1.3146583?mode=amp

You have to apply for that in the final year of the planning period.
In the OP’s case, planning has already expired so that Avenue is no use to them.

BryanF

Bellejelles wrote: »

Extended planing permission
https://www.irishtimes.com/news/politics/oireachtas/developers-can-build-with-expiring-planning-under-new-bill-1.3146583?mode=amp

Stop with the random links, Please. And Please read the forum charter. Thanks

kieranhr

Two things - you will find somebody to buy the house as it is, but at a significant discount because the paperwork isn't in order. Better to sort out the issues and get the certs before you sell.

If the house was substantially complete (i.e. if the external walls were complete) before the planning permission expired, then you don't need to reapply for permission to finish the works off.