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Planning retention or exemption cert?

  • 29-09-2014 11:29am
    #1
    Registered Users Posts: 7


    Hi - we are sale agreed on a property which it now turns out has no planning permission for a large attic conversion (3 bedrooms and one bathroom up there). It was built about 12 years ago. Our instinct is to get the seller to sort it out - which we presumed would be getting planning retention permission. Otherwise we feel we are buying half the house we thought we were buying (and paying for).
    Anyway - they have had an architect in and we haven't heard any more yet. But this morning i had an architect in to inspect a v small porch on our current house in order to get a cert of exemption on it for the person who is buying our house - and i asked him about the attic conversion and he said if it's there over 7 years you don't need the retention.
    Now i know that the council can't make us knock it down or anything but i thought it still needed something or else we won't be able to insure it properly or redevelop it in future (its not done very well, we'd like to extend one dormer a bit).
    At this point i am tearing my hair out as we don't seem to be able to get the same reply from two professionals in a row - ie. builder, solicitor, architect.
    Thanks in advance for any insight


Comments

  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,623 Mod ✭✭✭✭DOCARCH


    migraine wrote: »
    It was built about 12 years ago. Our instinct is to get the seller to sort it out - which we presumed would be getting planning retention permission.

    Your instinct is correct...the vendor needs to sort this out. If you are borrowing money, your lending institution is unlikely to lend you the money until this is addressed.
    migraine wrote: »
    ....he said if it's there over 7 years you don't need the retention.

    This is not the case. If it's over 7 years, this does not make the works in anyway legal...it is still and remains an unauthorised development....if over 7 years it just means the local authority cannot take enforcement proceedings to have the structure removed/reverse what has been done.


  • Registered Users Posts: 7 migraine


    Thank you, Docarch, for your reply. We were starting to feel we're being ridiculous what with so many people saying it doesn't matter and acting like we're making our lives more difficult by trying to get the vendor to sort this out - but as you say, i doubt the bank would lend us money for what is legally only a 2 bed house but costs as much as a 5 bed!


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,623 Mod ✭✭✭✭DOCARCH


    Your own solicitor should advise you what way to proceed.


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