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Does the 7 year rule still apply if a warning letter was issued?

  • 24-03-2022 8:49pm
    #1
    Posts: 0


    Can a property benefit from the 7 year rule regarding unauthorised development if a warning notice was issued at the time and not complied with?

    My knowledge of the situation is that a shed was converted to living accomodation, the council issued a notice and the owner agreed to stop the unauthorised usage but never did, can the unauthorised development be challenged still, its been 8 years since the warning notice was issued.


    "157 (4) (a) No warning letter or enforcement notice shall issue and no proceedings for an offence under this Part shall commence—

    (i) in respect of a development where no permission has been granted, after seven years from the date of the commencement of the development;"



Comments

  • Registered Users Posts: 329 ✭✭DFB-D


    Not always, if your friend is breaching a specific planning condition, e.g. not to be used as a habitable space, there is no time limit.

    Otherwise change of use has a 7 year limit.

    BTW, the time limit is actually 7 years and 63 days. Add on 56 days for Covid.



  • Registered Users Posts: 2,560 ✭✭✭endofrainbow


    I don't know the answer but it's a major slip-up by the council for not actually checking and enforcing that the notice was complied with.



  • Registered Users Posts: 33,029 ✭✭✭✭Penn


    If they already issued a warning letter during the 7 years, then the 7 years no longer matter.

    Besides which, the 7 year rule doesn't mean he then has planning. It's still an unauthorised development, and anything which would bring the property back into the planning system (eg if he wanted to put an extension onto the house or similar), or if he goes to sell or remortgage the house or anything, would eliminate the 7 year rule. But regardless, if they already issued a warning letter about it, from what I know the 7 year rule no longer applies. The 7 year rule means they can't issue a warning letter or enforce any action about the development after the 7 years, however if they've already issued a warning letter during the 7 years then the only thing in your friends favour is that they haven't enforced it, probably as it slipped through the cracks.



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