Originally Posted by Mac p
I am thinking of buying a site with a 5 year clause " stating that the named site owner must build and reside in the property for 5 years" does anyone know about this clause? also what is the worst that can happen if we agree to buy and build on the site given that the planning will be in the previous owners name? I understand the bank may have a problem but as I am selling in the city, may not need to borrow or possibly under 50k.
The problem you will have is that there is an occupancy clause in the PP which is normally registered as a burden on the deeds of the property. Its a Section 47 agreement and is quite restrictive. Mortgage or no mortgage your solicitor will look for a copy of the planning and when they see the clause they are legally bound to include the details on the registration of the property.
I have known the odd solicitor who *** cough*** forgot to include something or other. If you feel you know your solicitor well enough to discuss the matter on a personal, unofficial capacity then perhaps thats one way of approaching the problem.
Can you show any family connections to the area or perhaps its an area that you or your spouse/partner will be working in? - sometimes that can be an exemption from the Section 47 but you would need to check the housing policy of the County Development Plan for the County you intend moving to.
Best advice at this stage is to have a quick talk with the planner by phone. You dont have to say who you are or what your circumstances are - you can always say you are calling on behalf of a family member or mate. At least you will have the official explanation on it that way.
Other people who can assist are planning consultants and on the odd occasion the local councilor or TD.