Living in a non-compliant house?

C3PO

Hi all

I’m currently considering purchasing a house that is being marketed as having “4 rooms”. The house has been lived in as it is but It is clearly not compliant with building and/or fire regs. It is connected to gas and electricity. Planning has been granted to remodel to a one bed house. If I buy the house can I legally live in it until I can afford to do the conversion work? I am aware that I won’t be able to borrow on it but I am a cash buyer.

L1011

How bad are we talking here? The primary concern realistically is that its safe to inhabit.

Most people live in houses that don't meet current building or fire regulations, as they predate them.

You can even borrow against them, if they meet the regs that existed at the time they were built or are pre-regs and are habitable.

C3PO

It’s actually not bad at all - open narrow stairs (without return) to the 1st floor and no windows (other than roof-lights) in the upstairs “rooms”. But it is clearly not compliant or the EA wouldn’t be marketing it so carefully. I suppose my question is whether, if I buy it, is there any chance of getting a knock on the door telling me that I can’t live there.

banie01

The issue is precisely what it is thats non-compliant. Building regs are one thing, planning is another and both will cause expensive headaches. Does the property have a clean and saleable title? Have you had a solicitor look over any paperwork as of yet?

C3PO

https://www.boards.ie/discussion/comment/119902991#Comment_119902991

I believe so but I would obviously get that checked before purchasing. Why would it be more likely not to have a clean title than any other property?

Planning has already been granted to remodel the house to be compliant which is basically for the installation of a proper staircase and moving the bedroom to the front of the house where there is a window.

banie01

https://www.boards.ie/discussion/comment/119903273#Comment_119903273

If it is a building without planning permission or in breach of its planning for example. It is very likely to not have a clean saleable title. If the owner/builder cut corners or pushed the envelope in building what's there? It's also likely that the property they took similar shortcuts with the planning and registration of folio.

That said, it may have been built, amended and whatever else pre 64 so planning and building regs may not be an issue. The state of a property's title when as you've already said is unmortgageble is sometimes a handy vehicle for dealing with defective title. Caveat Emptor and good luck with it if you do buy. I hope that us doomsayers are wrong 😉

C3PO

https://www.boards.ie/discussion/comment/119903318#Comment_119903318

Thank you. I would normally steer well clear but given the location, the price, and as planning has recently been granted I’m giving it a good look over.

Mellor

When was it built?

C3PO

https://www.boards.ie/discussion/comment/119909160#Comment_119909160

Originally built as a single story mews type building (not sure when) but definitely not this century. A 2nd storey (2 rooms and a bathroom) was added in 2002 with planning but apparently these are not compliant as bedrooms. There is no proper staircase or proper escape routes I understand. Planning has been recently granted to make the house compliant which I would guesstimate will cost €80-€100k.

I am a cash buyer so don’t need to borrow money but it would be a few years before I could afford to do the work.

Mellor

https://www.boards.ie/discussion/comment/119912115#Comment_119912115

The reason I ask, was that if it was built pre building regs, and it sounds like it was. Then it isn't actually non compliant. As the regs did not exist at the time. However, the 2002 second story is likely non-compliant. This in itself does not mean you can't live in it, and as a cash buyer you don't have to reassure the bank. But you should consider if you need to sell unexpectedly, that the subsequent buyer’s bank may need it to be compliant.

But in terms of buying, moving in, abd intend in to complete the upgrades in time. Not a issue in general. Watch the date the planning expires.