Retention & new planning application possible?

booooonzo

Hi

I am buying a partially renovated vacant home.

The works that have been done (new roof, skylight to front) require PP but the seller never applied.

He says he will now but it will cause a 3/4 month delay

We had originally wanted to purchase and apply for our own PP for a new extension/shed etc.. straight away

We are cash buyers and know there is a risk to buying without retention granted.

Would the fastest (although most risky) way to get PP be to just buy house as is and do 1 application for the retention and new works or is this even possible?

Are there alternatives like seller applying for retention and us applying for new PP without the sale completing?

We are under pressure time wise but want the extension complete before moving in so the wait of 4 months retention + 3 months for extension planning plus build time is too much for us

thanks

DOCARCH

Not unusual to have a combined planning application for retention and permission at the same time.

muffler

https://www.boards.ie/discussion/comment/121600036#Comment_121600036

Agreed. I've done a few of those over the years so they are not uncommon.

booooonzo

Thanks for the replys. Good to know it's an option.

I see you can also apply for planning for a house you have yet purchased with sellers agreement.

In your experience would you think a better option would be the seller applying for retention now and us applying for planning permission for the extension at the same time?

muffler

That's a bit messy and I've never seen this before but that's not to say that it can't be done. Why don't you ask the owner to make both applications?

booooonzo

Yes that's definitely an option also.

Would they be separate applications?

From talking to seller he wouldn't want our planning ideas to stop his retention.

He's under the impression his retention should fly through (beggs the question why it wasn't done months ago!)

We have never been through this process before and obviously our solicitor has told us not to proceed without clean title but time is also against us so just trying to find a good compromise all round.

Appreciate your input. Thanks.

muffler

Just to explain. The planning authority (Council) cannot grant permission for any new development while there is an unauthorized development present. It can grant retention on its own or permission to extend on its own or if the 2 are lodged under the one application then both together. However the problem is that the PA could refuse permission for the retention and if that happened then the application for permission to extend would be invalidated and returned and everyone is back to the start again.

My advice would be ask the owner to get the retention sorted out first and then buy the property and do your own thing then. Its not ideal in your situation but its by far the safest option. If the retention is only for a replacement roof with a roof light then I would imagine there shouldnt be any great difficulty with it.

DOCARCH

Normally one application if concurrent. Two applications concurrent would be very messy.

What you mentioned above that requires retention sounds relatively straightforward.

If it was to be two applications then I would suggest retention application first, which should be allowed to go through full process/decision before making second application for permission.

muffler

https://www.boards.ie/discussion/comment/121601266#Comment_121601266

Snap! 😁

DOCARCH

https://www.boards.ie/discussion/comment/121601275#Comment_121601275

😁 +1 to what you said....just did not have the time to write all that!

booooonzo

Thank you all for your detailed replys. Very helpful.

Turns out the seller has gone ahead this week and applied for retention.

Understanding that ideally we should wait for that retention to complete first and the risk that pp can not be granted with unauthorized development.

is there a possibility that we submit for planning in 3/4 weeks for extension and reference the retention application which more than likely would be compliant when planning application gets picked up.

Just It could save us 2 months that way or would council reject our application straight away?

Donald Trump

If you buy without the retention, you buy the problem, and the risk it won't be granted. There is a reason why a Bank would be looking for these issues if they were giving you a mortgage.