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Planning permission house sale agreed on

  • 04-03-2019 7:34pm
    #1
    bri007
    Registered Users Posts: 1,375 ✭✭✭


    Hi all,

    We went sale agreed on a house a few weeks ago, there was a large extension build on he side of the house that our surveyor asked to make sure correct plans were obtained for same and some other modifications aswel.

    I was looking through fingal but could not find anything for the property for any planning application, is this a worry or is some not a available online?

    I asked solicitor but he has yet to get the vendor contracts yet so hasn’t done any of this work yet but we want to get cracking on things especially after the surveyor highlighted it to us.

    Am I over concerned by not finding the planning permission or is it a worry? It was on boundary wall of neighbours house so planning would have defo been required!

    Thanks


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,424 Mod ✭✭✭✭Gumbo


    It should be there.
    The only thing I’ll say is that Fingals search box is quite particular. It might have a coma after the number or it might not.

    Best to just search for your street, so for example if the address is 38 Main Street, just search for main and then check through them.


  • #3
    bri007
    Registered Users Posts: 1,375 ✭✭✭bri007


    Thanks for the reply.

    Just searching there, found other houses in the area but not our own :( doesn’t look good.

    Very worried now!
    kceire wrote: »
    It should be there.
    The only thing I’ll say is that Fingals search box is quite particular. It might have a coma after the number or it might not.

    Best to just search for your street, so for example if the address is 38 Main Street, just search for main and then check through them.


  • #4
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Maybe search by map? http://www.fingalcoco.ie/planning-and-buildings/apply-or-search-for-a-planning-application/view-or-search-planning-applications/planningapplicationssearchbymap/


  • #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,424 Mod ✭✭✭✭Gumbo


    bri007 wrote: »
    Thanks for the reply.

    Just searching there, found other houses in the area but not our own :( doesn’t look good.

    Very worried now!

    It may be exempt, then the vendor will provide an Opinion on compliance with the Exempted Development Regulations, or if not, then they may have to go through the Retention Planning process.


  • #6
    elperello
    Registered Users Posts: 14,226 ✭✭✭✭elperello


    Have you any idea when the extension was built?
    How old is the house?


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  • #7
    bri007
    Registered Users Posts: 1,375 ✭✭✭bri007


    House was build in the early 70’s and the side extension as far as we know so far was build roughly 10-13 years ago.

    Doesn’t appear to be any planning application put through for it from searching on fingal!
    elperello wrote: »
    Have you any idea when the extension was built?
    How old is the house?


  • #8
    bri007
    Registered Users Posts: 1,375 ✭✭✭bri007


    Would the retention planning process be a lengthy process? I am just worried the bank will decline it now based on no planning for the large extension.


    kceire wrote: »
    It may be exempt, then the vendor will provide an Opinion on compliance with the Exempted Development Regulations, or if not, then they may have to go through the Retention Planning process.


  • #9
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,424 Mod ✭✭✭✭Gumbo


    bri007 wrote: »
    House was build in the early 70’s and the side extension as far as we know so far was build roughly 10-13 years ago.

    Doesn’t appear to be any planning application put through for it from searching on fingal!

    Seller will need to regularise it, it looks like.
    bri007 wrote: »
    Would the retention planning process be a lengthy process? I am just worried the bank will decline it now based on no planning for the large extension.

    Ignoring the time it takes the seller to engage someone to survey, prepare plans and lodge the application, its a 3 month process.


  • #10
    elperello
    Registered Users Posts: 14,226 ✭✭✭✭elperello


    bri007 wrote: »
    House was build in the early 70’s and the side extension as far as we know so far was build roughly 10-13 years ago.

    Doesn’t appear to be any planning application put through for it from searching on fingal!

    Looks like it should have had PP.
    The vendor will have to apply for retention.
    That probably won't be a major problem.


  • #11
    bri007
    Registered Users Posts: 1,375 ✭✭✭bri007


    Thanks for all the replies and advice everyone.

    Do you think the bank will still give the mortgage for it once that’s all sorted on the vendors side.

    The bank sent their valuation guy last week and they were happy with the house.
    elperello wrote: »
    Looks like it should have had PP.
    The vendor will have to apply for retention.
    That probably won't be a major problem.


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  • #12
    elperello
    Registered Users Posts: 14,226 ✭✭✭✭elperello


    Once everything is regularised the bank should be happy.
    This kind of thing is not at all unusual.
    The main thing is to get the wheels in motion asap.


  • #13
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,424 Mod ✭✭✭✭Gumbo


    bri007 wrote: »
    Thanks for all the replies and advice everyone.

    Do you think the bank will still give the mortgage for it once that’s all sorted on the vendors side.

    The bank sent their valuation guy last week and they were happy with the house.

    Yes, once the survey clarifies the Planning Status then you are good to go.
    Its pretty normal.


  • #14
    terrydel
    Closed Accounts Posts: 3,881 ✭✭✭terrydel


    kceire wrote: »
    It should be there.
    The only thing I’ll say is that Fingals search box is quite particular. It might have a coma after the number or it might not.

    Best to just search for your street, so for example if the address is 38 Main Street, just search for main and then check through them.

    A coma?!


  • #15
    technodj
    Registered Users Posts: 27 ✭technodj


    Just wondering how you got on. Im in the Exact same boat now
    Thanks in advance


  • #16
    Dolbhad
    Registered Users Posts: 782 ✭✭✭Dolbhad


    If there is no planning for the extension, the sellers can put in a retention application which will take a few months and cost them. It depends on how big the extension is. If it’s small, they may decline to go retention. They may chance getting your solicitor to put in a qualification on title to your bank saying there is an issue with planning. It’s up to your bank to decide if they will lend.

    However even if they approve, the phase “the day you buy is the day you sell” applies. It’s our problem then. You’ll have same problem when selling or remortgaging in future. Just because a bank is okay with it now doesn’t mean they will in future. I’d be insisting they fix it but you do the get the whole attitude with some sellers that they will chance selling to someone else who won’t insist on it to save them the time and money so take it or leave it. Listen to whatever advice your solicitor says on this.


  • #17
    technodj
    Registered Users Posts: 27 ✭technodj


    Thanks for the advice.
    Im really caught between a rock and a hard place now as my approval/ offer runs out shortly.
    I doubt the bank will lend if theres a planning issue. Looks like the extension without permission was built at least 20yrs ago


  • #18
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,424 Mod ✭✭✭✭Gumbo


    technodj wrote: »
    Just wondering how you got on. Im in the Exact same boat now
    Thanks in advance

    Is it possible the extension was exempt?


  • #19
    technodj
    Registered Users Posts: 27 ✭technodj


    Im not sure tbh
    How do I go about finding that out.
    Thanks


  • #20
    jlm29
    Registered Users Posts: 3,818 ✭✭✭jlm29


    technodj wrote: »
    Im not sure tbh
    How do I go about finding that out.
    Thanks

    Your engineer should be able to tell you. The size extension that can be built with no planning has changed several times over the last number of years, so if he/she measured the extension and dated it, they would know.
    We did get a mortgage last year with several planning issues, the bank were happy to let it go through, so it’s not a definite no! But it’s true, you don’t know what it will be like in future, and if selling in future is a possibility, you don’t want to be landed with problems then


  • #21
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,424 Mod ✭✭✭✭Gumbo


    technodj wrote: »
    Im not sure tbh
    How do I go about finding that out.
    Thanks

    Your pre purchase survey will highlight the extension. The vendor then provides a Cert of Exemption or Cert of compliance with Planning Permission.


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  • #22
    technodj
    Registered Users Posts: 27 ✭technodj


    Three extensions on the property
    2 of them have planning from the 70s
    The survey report states the extension with no planning is over 12yrs old (70s/80s is my guess)
    And within boundaries
    Il post more info when they get back, but anxious about the purchase is an understatement


  • #23
    Askthe EA
    Registered Users Posts: 724 ✭✭✭Askthe EA


    technodj wrote: »
    Three extensions on the property
    2 of them have planning from the 70s
    The survey report states the extension with no planning is over 12yrs old (70s/80s is my guess)
    And within boundaries
    Il post more info when they get back, but anxious about the purchase is an understatement

    Is the side extension a garage conversion? They may not have needed planning?


  • #24
    technodj
    Registered Users Posts: 27 ✭technodj


    No it appears it was a side entrance converted to a room which is currently being used as a kitchen


  • #25
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,424 Mod ✭✭✭✭Gumbo


    Askthe EA wrote: »
    Is the side extension a garage conversion? They may not have needed planning?

    The exemptions only covers you if you haven’t extended before. The exempted limits state you have to add the area of the other extensions, even those that have granted planning permission.


  • #26
    Sunrise_Sunset
    Registered Users Posts: 1,211 ✭✭✭Sunrise_Sunset


    technodj wrote: »
    Three extensions on the property
    2 of them have planning from the 70s
    The survey report states the extension with no planning is over 12yrs old (70s/80s is my guess)
    And within boundaries
    Il post more info when they get back, but anxious about the purchase is an understatement

    Hi OP, any update on this?


  • #27
    Sunrise_Sunset
    Registered Users Posts: 1,211 ✭✭✭Sunrise_Sunset


    jlm29 wrote: »
    Your engineer should be able to tell you. The size extension that can be built with no planning has changed several times over the last number of years, so if he/she measured the extension and dated it, they would know.
    We did get a mortgage last year with several planning issues, the bank were happy to let it go through, so it’s not a definite no! But it’s true, you don’t know what it will be like in future, and if selling in future is a possibility, you don’t want to be landed with problems then

    Hi, just wondering what the planning issues were for you, that the bank still okay'ed.
    We are in a bit of a pickle now ourselves. I think we'll have to apply for retention, and I don't know if our buyer will be willing to wait that long. Or the seller of our new house.


  • #28
    jlm29
    Registered Users Posts: 3,818 ✭✭✭jlm29


    Sunrise_Sunset wrote: »
    Hi, just wondering what the planning issues were for you, that the bank still okay'ed.
    We are in a bit of a pickle now ourselves. I think we'll have to apply for retention, and I don't know if our buyer will be willing to wait that long. Or the seller of our new house.

    There’s two extensions onto our original house that were built with no planning, and exceeded the size allowed that was exempt from planning at the time. Our septic tank also had no planning. There was a shed built with no planning too, but if I remember rightly, that was within the size allowed at the time


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