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New Build House semi-d different to planning grant

  • 05-02-2021 10:34am
    #1
    Registered Users, Registered Users 2 Posts: 41


    Hi,

    We've placed a deposit on a new-build 4 bed semi-d house in a new estate.

    The granted planning permission documents show a single window from the main bathroom upstairs on the gable wall. In reality, the builders have constructed two windows in this location. They have relocated the master en-suite from a window-less room to the external gable wall and inserted an extra single window.

    So the planning permission shows one window on the gable when in reality there are two windows constructed.

    Note: Phase 1 of the development is already occupied with the scenario above, so those houses have been signed off as compliant with planning, presumably by the architect, when that may not be the case...

    1. Is the house constructed in accordance with the planning permission grant?
    2. If not, who is responsible?

    Any advice would be greatly appreciated


Comments

  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    What drawings were you looking at? The original? The FI drawings? The C of AI drawings? ABP drawings? Compliance drawings?

    You need to find the most resent drawings. The scheme architect would have to give thier view of the development is in compliance. If he has there shouldnt be an issue.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    Downloaded wrote: »
    Hi,

    We've placed a deposit on a new-build 4 bed semi-d house in a new estate.

    The granted planning permission documents show a single window from the main bathroom upstairs on the gable wall. In reality, the builders have constructed two windows in this location. They have relocated the master en-suite from a window-less room to the external gable wall and inserted an extra single window.

    So the planning permission shows one window on the gable when in reality there are two windows constructed.

    Note: Phase 1 of the development is already occupied with the scenario above, so those houses have been signed off as compliant with planning, presumably by the architect, when that may not be the case...

    1. Is the house constructed in accordance with the planning permission grant?
    2. If not, who is responsible?

    Any advice would be greatly appreciated

    I would 100% make sure you are correct.
    There could have been AI submitted, ABP documents may differ from the Planning Drawings etc

    The first port of call would be to query the alteration with the estate agent selling the property and see what they say.


  • Registered Users, Registered Users 2 Posts: 41 Downloaded


    godtabh wrote: »
    What drawings were you looking at? The original? The FI drawings? The C of AI drawings? ABP drawings? Compliance drawings?

    You need to find the most resent drawings. The scheme architect would have to give thier view of the development is in compliance. If he has there shouldnt be an issue.

    Looking at the planning grant FI drawings, as these are the most recent available. No ABP involvement on the project. No further submissions by developer on the site to take account of the extra windows on the already occupied units.

    I've assumed the architect has given their opinion already on phase 1, otherwise the units should not have been accepted and occupied.

    My concern is if we ever sell the property in the future, a quick due diligence would show that the house does not match the planning compliance drawings...


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    I dont think compliance drawings are always published.


  • Registered Users, Registered Users 2 Posts: 41 Downloaded


    Gumbo wrote: »
    I would 100% make sure you are correct.
    There could have been AI submitted, ABP documents may differ from the Planning Drawings etc

    The first port of call would be to query the alteration with the estate agent selling the property and see what they say.

    AI / FI documents do not pick up the extra window. No ABP information for the site / development.

    I've found the particular agents on this to be sub par in terms of their knowledge to date with stuff like this - Maybe its one for the solicitor?


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  • Registered Users, Registered Users 2 Posts: 41 Downloaded


    godtabh wrote: »
    I dont think compliance drawings are always published.

    Sorry, not compliance, planning permission drawings - i.e. the granted application.

    If I was a future purchaser, I would want the house to meet planning at a minimum - I don't want to have to apply for retention at my expense to capture the oversight...


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Downloaded wrote: »
    Sorry, not compliance, planning permission drawings - i.e. the granted application.

    If I was a future purchaser, I would want the house to meet planning at a minimum - I don't want to have to apply for retention at my expense to capture the oversight...

    Compliance would superseded AI/planning drawings


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    Downloaded wrote: »
    AI / FI documents do not pick up the extra window. No ABP information for the site / development.

    I've found the particular agents on this to be sub par in terms of their knowledge to date with stuff like this - Maybe its one for the solicitor?

    Where is the development?
    Do you have a plan Ref number?


  • Registered Users, Registered Users 2 Posts: 41 Downloaded


    Gumbo wrote: »
    Where is the development?
    Do you have a plan Ref number?

    Send you the details in a DM


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