House was supposed to be knocked.

Sugradh001

Hello, can I ask for some advice please ? I'm renting a lovely little cottage & I would love to ask my landlord if he would sell it to me. I have since found out that his new build ( next door ) was subject to knocking my ( rental ) cottage. So, without asking him directly, can anyone answer me -

a ) Who's house is legally here, I had always assumed the eircode was associated with my cottage.

b) Can he sell me the cottage ?

c) If so, will I run into difficulties, i.e applying for Seai grants, in the future ?

Any advice would be greatly appreciated, many thanks in advance.

sydthebeat

1. Eircodes have nothing to do with planning permission, so it wouldn't be at all unusually that there are two eircodes.

2. You are already in the knowledge that, should you purchase the cottage, you wouldn't have "clean title". Why would you put yourself at such financial risk? If you want to purchase it, let him sort out the planning issues first.

3. See 1 above. SEAI have anything to do with planning. Once it has its own ESB meter (and thus MPRN) that all seai care about.

Sugradh001

https://www.boards.ie/discussion/comment/122304472#Comment_122304472

no interest in getting into such financial risk, so this is great advice, thank you ! Just to clarify regarding 2 ) Its an planning issue that's possible to get sorted ?

sydthebeat

https://www.boards.ie/discussion/comment/122304489#Comment_122304489

Currently the owner is in contravention of a planning condition that I assume he had to comply with prior to occupying his current house.

I'm going to assume again that the permission granted for his new house was as a replacement for the old house.

So the issue is non compliance with a planning condition, and therefore the only way to resolve it is either to comply with the condition (knock the cottage) or get the condition removed by means of another planning application.

The owner may not want to do this as it will draw the councils attention to the clear fact that they haven't committed with a pretty significant condition of their permission to build the new house. The council may refuse any application to remove the condition, and may start enforcement proceedings to get the cottage knocked.

The owner may be quite happy to continue the status quo of taking a rental income from something they shouldn't have, at a remove from the councils knowledge, for as long as they can.

They would want to be quite sure any application to remove the condition (and thus retain the cottage) is going to be successful before they would even consider making the application. The reason for the removal of the cottage is the most significant issue here. Without knowing the planning reference number and reading the planning documents I can't give any further info

GerardKeating

https://www.boards.ie/discussion/comment/122304489#Comment_122304489

When was the new house built?

Sugradh001

https://www.boards.ie/discussion/comment/122304513#Comment_122304513

Thanks very much, this is a great help.

Sugradh001

https://www.boards.ie/discussion/comment/122304529#Comment_122304529

Hi there, 4 years ago as far as I'm aware …

Mellor

https://www.boards.ie/discussion/2058357330/house-was-supposed-to-be-knocked

a) I’m not sure what you are asking. The house is physically there. Can you clarify what you mean by “legally there”.

b) He could. But you’d be buying an unauthorised development. I doubt it’s worth the hassle.

c) I be more concerned about running into a bulldozer than a lack of seai grants.

MrRigsby

The landlord is taking a chance on the planners not checking if the cottage was demolished or not . Meanwhile he has a nice rental income. So far it’s paying off . It’s unlikely he’d chance selling as it would bring scrutiny on the property and even if he did any decent solicitor would advise you against purchasing a property without clean title

denismc

Depending where the house is you can do a planning search that will show historical planning applications, this should show any planning conditions related to existing buildings.

I know Cork county records go back 20 years, this maybe similar where you are.

Sugradh001

https://www.boards.ie/discussion/comment/122305460#Comment_122305460

Yes, had a look online this morning, and the primary condition was to knock the cottage .. That answers that. Thanks all.

GerardKeating

https://www.boards.ie/discussion/comment/122304538#Comment_122304538

So still time for the council to enforce the planning requirements.

sydthebeat

https://www.boards.ie/discussion/comment/122305924#Comment_122305924

There is no statute of limitations on planning conditions.

The condition can be enforced at any time in the future, and the new dwelling will always be unauthorised until its complied with.

GerardKeating

https://www.boards.ie/discussion/comment/122305939#Comment_122305939

Would the "seven year" rule not apply to any unauthorised development ?

muffler

https://www.boards.ie/discussion/comment/122306020#Comment_122306020

Not when a condition of a planning permission is breached.

sydthebeat

https://www.boards.ie/discussion/comment/122306020#Comment_122306020

not to a condition of planning

mickdw

I wouldnt normally see the planners just rolling over on that should an application be submitted however with some political input and in the current climate where government are actively grant aiding people to get such houses back into housing stock, he might just be lucky.

Mellor

https://www.boards.ie/discussion/comment/122306020#Comment_122306020

No. The condition to knock it has been issued. The clock stops at that point. (Assuming it was even ever unauthorised)