Section 97 Exemption For One Off House?

what?yeah

We’ve recently applied to the council to build a house on a small plot of land (0.01 hectares). The council said our application was invalid and we needed to supply a section 97 exemption certificate (eg a cert from the council saying we don’t have to build any social housing!)

Is this normal? I would have thought only developers building a house/s to sell would need to provide this. Our architect and people we talk to seem baffled by the ask.

What are our options? Should we go back to the council and explain we are not developers and re-apply or is our only option to get a solicitor and start the process of getting a section 97 exemption. This seems time consuming, expensive, and unnecessary.

Edit: The land is a subdivision of my parents house which we/they have lived in for 30 years. Does this make a difference in whether we need a section 97 exemption.

muffler

First of all the legal doc is here

You are obviously in an area that is zoned residential hence the S97 issue. You should be able to submit the application yourself. Check with your local planning office first but you should be able to submit the S97 and the planning application together. Regarding a declaration from yourself your architect should have a template but if not consult with the planning dept.

what?yeah

muffler wrote: »

You are obviously in an area that is zoned residential hence the S97 issue. You should be able to submit the application yourself. Check with your local planning office first but you should be able to submit the S97 and the planning application together. Regarding a declaration from yourself your architect should have a template but if not consult with the planning dept.

Thanks for the details. So this is standard procedure then? Should this have come up in pre-planning?

My architect deals with the council regularly, and in his opinion, this was not expected.

Edit: the land is zoned existing residential / infill

sydthebeat

what?yeah wrote: »

Thanks for the details. So this is standard procedure then? Should this have come up in pre-planning?

My architect deals with the council regularly, and in his opinion, this was not expected.

Edit: the land is zoned existing residential / infill

This is standard for every piece of land in the country that is zoned as 'residential'

its surprising the architect didnt expect it, if he has experience with your type of application (maybe he doesnt)

Gumbo

what?yeah wrote: »

Thanks for the details. So this is standard procedure then? Should this have come up in pre-planning?

My architect deals with the council regularly, and in his opinion, this was not expected.

Edit: the land is zoned existing residential / infill

This is standard for every one off in the country. Even corner site developments in Dublin etc

I’m sorry, but your architect should have known about it. It’s a dedicated question on the application form. You then back it up with a separate application, declaration and OSi Maps.