Local Needs-can 7 year be over turned?

Turquoise_Spots

Hi guys,

I moved into new house June 2021. House has local needs of 7 years. So am just about 3 years into it.

My need for being here (stated to Co. Co back at planning stage) has changed.

Has anyone had luck getting the 7 years over turned? No idea who to talk to.

Would appreciate any advice.

Regards

bfclancy2

https://www.boards.ie/discussion/2058347509/local-needs-can-7-year-be-over-turned

you mean the condition that you can't sell for 7 years

Turquoise_Spots

Yes.

muffler

Are you planning on selling?

bfclancy2

https://www.boards.ie/discussion/comment/122037178#Comment_122037178

Hopefully they don't get turned over, it was a condition of planning you should have to abide by it otherwise leaves it open to speculative one off building

phormium

Is it not so much that you can't sell but that the person buying also fulfills the local needs criteria? Would narrow the market somewhat though.

magicbastarder

https://www.boards.ie/discussion/comment/122037599#Comment_122037599

how can the planning process be involved in a subsequent sale though? because it would need to be to fulfil the premise of that idea; you'd need to have someone acting as judge on the needs of the buyer, and be able to possibly veto it.

SodiumCooled

https://www.boards.ie/discussion/comment/122037690#Comment_122037690

It’s a clause in almost all rural planning permissions in all counties - I doubt it’s inserted unless it can be enforced.

I would think it would never get any further down the enforcement track than a bank refusing a mortgage to the perspective buyer in the majority of cases after checking the planning.

SeanieRetrofitter

https://www.boards.ie/discussion/comment/122037690#Comment_122037690

The purchaser's solicitor will check the title, including the planning permission. No half competent solicitor would let their client buy a place with local needs without ticking all the boxes, as the client would turn around and sue them if/when the LA started enforcement.

Even if the client was willing (ie, dumb as a motherfcuker and willing to throw hundreds of thousands of euro at a house which isn't planning compliant and which the LA could issue enforcement proceedings at any point within 7 years…like the purchase would need to be really stupid) the solicitor has obligations to the lender also, and would have to qualify title. To which the lender would, quite properly respond "Go fornicate thyself with thine qualification on title, simpleton advocate".

magicbastarder

yes, you probably could change the process but it'd take legislation, and the local authorities would oppose it; it'd create more of a burden on them, and they don't want a situation where they apply planning conditions and then have to revisit those conditions three or five years later. as mentioned above, it'd probably lead to a rise in speculative building.

Homer

Worst case rent it for the remaining period (I know that’s not ideal) and then sell without any issues.
if the LA let you sell now they could set a precedent.

sailing

No chance at all.

mr.stonewall

Some LA will allow a sale, if you are in extreme financial difficulties to allow bank to repo it. Also they will allow a sale if the owner or a joint owner passes in the 7 year period.