Has my Dad lost his House

STansion

Hi

So my dads property has being out under a CPO (Compulsory Purchase Order) in Dublin and it looks like Dublin City Council has applied through An Bord Pleanala for the

acquisition of the property , i am unsure what this means will he receive any money for the property valued at 300k or will he be compensated as the building is completely dilapidated

can anyone give any definitive answer's on the matter

Thanks

Kimbot

https://www.citizensinformation.ie/en/housing/losing-your-home-and-homelessness/compulsory-purchase-of-property/

magicbastarder

don't CPOs usually pay a bit above market value to remove that as a means of objection by the owner?

if so, he should probably count his blessings!

JohnnyChimpo

https://www.boards.ie/discussion/comment/121167923#Comment_121167923

they do, and he should

Claw Hammer

https://www.boards.ie/discussion/comment/121167923#Comment_121167923

They might if the owner engages properly with the process. The owner needs to engage with experience professionals to get the maximum possible payout.

Xterminator

the answer to your question is its not a take it or leave it process - unless your dad doesn't engage at all, and they do take into account the impact of taking someone's home of many years. it can go to arbitration and and an objectively fair result achieved.

At the end of the process you father wont be living in a dilapidated property he cannot afford to renovate.

magicbastarder

i assumed that the father is not living in the property, that 'completely dilapidated' meant it was derelict; and that's why the council were CPOing it. which is why i said he should count his blessings.

the OP may be able to clarify.

gipi

If it's the property I think it is, it's derelict and not occupied.

Patrick2010

and rat infested if its the one I'm thinking of

adocholiday

It's a long time since I worked in the public service but I used to be somewhat involved in the CPO process (pre-08 crash so could be way different now). Back then the purchasing body would employ a valuer to assess how much the property being CPO'd was worth, then ask the owner to employ their own valuer at the purchasing body's expense to ensure fairness. The number would usually include some 'disturbance compensation' too which was only fair. If you were losing an entire property such as in this case then the disturbance compensation would be significant, a decent percentage of the value of the property.

Now I was involved in a few cases where the property was absolutely critical to the project and the owner refused to accept terms from the purchasing body. The offer would slowly creep up as the delay went on, and some people made significant sums of money from it. I don't want to say too much but I saw one significant project where a house owner got literally hundreds of thousands more than others with the exact same property because he refused to settle. It eventually went to court and it was settled on the steps. That wasn't a rare occurrence but the difference wasn't usually that significant and depended on a lot of factors like how critical the property was.

I'm not going to advocate here that your father do the same thing, some people didn't want the stress and just took the easiest route. It could be that today the pockets are a lot more shallow than they were back then and it would all be a waste of time, but food for thought.

magicbastarder

if the property is derelict as discussed, it might be very hard to argue for much disturbance compensation.

RichardAnd

I think that your father needs to talk to a solicitor.

Bass Reeves

https://www.boards.ie/discussion/comment/121169331#Comment_121169331

I would not entirely accept that. You need a consultant that will understand CPO's. Basically read the letters send out by the LA. There is claim adjusters that specialise in this sort of scenario, a solicitor will only point you in there direction and take a percentage of the overall claim.

The legal part is the easiest to sort. It's the claim where the money is made

Bass Reeves

https://www.boards.ie/discussion/comment/121168537#Comment_121168537

It all depends on whether the property was a PPR and the owner was in a nursing home. I suspect it is not. But they need a good valuer more than a solicitor.

There is usually set fees for valuers and solicitors in these situations. I prefer a good valuer than a good solicitor