Bypassing the enurement clause

b4bmm

Is there ways to do this to be able to build a house in the location you want?

Penn

If you're referring to Local Needs requirements, then no.

AndrewJRenko

https://www.boards.ie/discussion/2058263985/bypassing-the-enurement-clause

Do you think it would be a good idea to have people able to bypass such clauses?

mickdw

Generally buy a house in the area you like then extend and modify to preference.

b4bmm

https://www.boards.ie/discussion/comment/119635555#Comment_119635555

Edit I misinterpreted your reply

Many areas have a clause that only allow locals to get planning, Is this not the case if I buy an established property, I would then just be subject to normal planning requirements? Likely have to modify there existing structure?

Deeec

https://www.boards.ie/discussion/comment/119638701#Comment_119638701

Mickdw gave you good advice - you should consider this.

You can apply for planning permission but can be refused on the basis that you dont have enough links with the area. You could be lucky though and get approval if you apply in an area with low population for example. There is no way of 'bypassing' the clause as you put it - What are you suggesting brown envelopes or what 😂

b4bmm

https://www.boards.ie/discussion/comment/119638719#Comment_119638719

https://www.boards.ie/discussion/comment/119635380#Comment_119635380

You scratch my back I'll scratch yours. It wouldn't be the first time its happened or the last. Do you mean I would have a chance of getting planning approval on a site that has a clause even if I don't have ties if it was an area that may not be in demand?

What links are requested? Does living within the general area suffice, grew up within 10kms as an example?

I was thinking more along the lines of through company ownership, ownership/paertnership with a local etc.

mickdw

https://www.boards.ie/discussion/comment/119638701#Comment_119638701

You can buy any existing house that doesn't have any clauses re occupancy attached to its planning permission.

Extending / renovating will be subject to normal planning requirements.

In addition, government are offering 30k (up to 50k) where you remodel a house for your own occupation subject to some conditions so buying an existing house could be a win win.

muffler

Im not sure about other counties but Section 47 Agreements (occupancy clause) here in Donegal expire after 7 years or sooner than that where the houses have been repossessed. So any house built prior to 2015 would not be subject that restriction now but best to check with the planning dept in whatever county a house is for sale.