Retention Granted with conditions

eusap

Looking at buying a house where retention has been grated for an attic conversion/garage and one of the conditions was to upgrade the septic tank. The Vendor has no intention to upgrade the tank as it worked well for the last 10 years. If we buy will the council come back and insist on the work being done or since planning is granted only become a problem once sold again.

DOCARCH

If you buy?

If you are borrowing money, your lending institution is unlikely to give you the money!

The title of the property is not 'clean' as the vendor has not complied with the planning permission granted.

The vendor should comply with the planning permission granted to be able to sell the property.

muffler

https://www.boards.ie/discussion/comment/118879408#Comment_118879408

+1

The OP's solicitor and if applicable, the lenders solicitor will insist on a cert of compliance with planning being provided. No cert, no deal.

eusap

thanks @DOCARCH @muffler thats what i was afraid of

listermint

Note. The bank may not actually ask for certificate of compliance depends on age of property.

Your solicitor will advise you get one.

The only thing id be really concerned about is that the system is registered and that you are able to avail of the grant to upgrade it should you choose to buy.

For me it wouldn't stop me buying a property. It's readily rectifiable. Not a deal breaker. Why would the seller sort it if they don't have to. They just move to the next buyer.

That's the reality answer....

If I couldn't get the grant then I'd probably be thinking to move on though.

yurtyaherne

https://www.boards.ie/discussion/comment/118882118#Comment_118882118

The only way you can be eligible for the septic tank grant is the following:

a) Be in a designated area under the High Status Objective Catchment Area 2018 to 2021

b) Be in a Area for Action in accordance with the River Basin Management Plan 2018-2021 and receive a letter of grant eligibility from LAWPRO.

c) Have had your septic tank inspected by your local authority under the national inspection plan and subsequently failed the inspection.

You cannot request your LA to inspect your tank either. They are given a list each year of tanks to inspect. The tanks that appear on their list are randomly generated from those that are registered.

listermint

https://www.boards.ie/discussion/comment/118882138#Comment_118882138

True. Other side would be take the cost out of the house purchase value.

muffler

https://www.boards.ie/discussion/comment/118882118#Comment_118882118

The age of the property is completely irrelevant once permission was previously granted and conditions imposed that have not been complied with.