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Purchasing a non compliant property

  • 16-04-2020 7:56pm
    #1
    JL555
    Registered Users Posts: 288 ✭✭


    Hello all

    We have been in the process of purchasing a 30 year old bungalow and have discovered that there is non compliance to planning from that time.

    An entrance wall was built without a conditional 45degree angle. The solicitor must qualify her undertaking to the bank. Also because the property and work was carried out 30 years ago, the local authority would not be able to take an enforcement action against the vendor or myself. Obviously, if the bank did proceed with the issuance of funds and I go ahead, I would inherit this non compliance.

    Additionally there was a subsequent retention for additions to be made to the property such as a detached garage, conservatory, which were never actually built. So I am assuming that these are irrelevant. I think this was applied for within a couple of years of the property being built.

    The main house itself has been certified to be in compliance.

    Has anybody had a similar experience and had to rectify it later? Also, did it cause an issue with the bank? Our solicitor seems quite hopeful that the bank will accept their Qualification of Title.
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Comments

  • #2
    Dolbhad
    Registered Users Posts: 782 ✭✭✭Dolbhad


    JL555 wrote: »
    Hello all

    We have been in the process of purchasing a 30 year old bungalow and have discovered that there is non compliance to planning from that time.

    An entrance wall was built without a conditional 45degree angle. The solicitor must qualify her undertaking to the bank. Also because the property and work was carried out 30 years ago, the local authority would not be able to take an enforcement action against the vendor or myself. Obviously, if the bank did proceed with the issuance of funds and I go ahead, I would inherit this non compliance.

    Additionally there was a subsequent retention for additions to be made to the property such as a detached garage, conservatory, which were never actually built. So I am assuming that these are irrelevant. I think this was applied for within a couple of years of the property being built.

    The main house itself has been certified to be in compliance.

    Has anybody had a similar experience and had to rectify it later? Also, did it cause an issue with the bank? Our solicitor seems quite hopeful that the bank will accept their Qualification of Title.

    The saying is the day you buy, is the day you sell. Unless you fix the issue of non compliance, if you sell it in future, the purchasers need to do the same qualification. Equally of you go to remortgage, your solicitor will need to qualify.

    The qualification will depend on the bank. Usually banks accept it but may raise questions or want your engineer to confirm a few things. But your solicitor would best know so if they are hopeful it goes through, it should be fine. You should just be happy to buy it with the issue.

    I’m confused as to the retention permissions. Retention is for works that we’re carried out and never got planning but should have gotten planning so an application is made subsequently. Do you mean general planning permission was applied for but never used? If so that’s not an issue.


  • #3
    mickdw
    Registered Users Posts: 23,249 ✭✭✭✭mickdw


    Id imagine that will go through.
    I Certify properties for a living and some of the Certs ive issued at request of vendors would have so many non compliance issues noted that the cert would be pretty worthless in terms of stating compliance. These have been accepted by banks. I find where councils are issuing funds, they tend to require much tighter levels of compliance but that may vary council to council.
    The way i look at these things - worst case, down the line, you need retention or rectify. If either option scares you, insist on it being rectified or dont buy.


  • #4
    flynny50
    Registered Users Posts: 73 ✭✭flynny50


    We are sale agreed on a property but major issue came up on survey.
    Percolation area is not within boundaries & field owner wont give access.
    Can we buy house as is & put in new system within own boundary?
    Will bank lend same figure based on this?


  • #5
    flynny50
    Registered Users Posts: 73 ✭✭flynny50


    mickdw wrote: »
    Id imagine that will go through.
    I Certify properties for a living and some of the Certs ive issued at request of vendors would have so many non compliance issues noted that the cert would be pretty worthless in terms of stating compliance. These have been accepted by banks. I find where councils are issuing funds, they tend to require much tighter levels of compliance but that may vary council to council.
    The way i look at these things - worst case, down the line, you need retention or rectify. If either option scares you, insist on it being rectified or dont buy.

    We are sale agreed on a property but major issue came up on survey.
    Percolation area is not within boundaries & field owner wont give access.
    Can we buy house as is & put in new system within own boundary?
    Will bank lend same figure based on this?


  • #6
    JL555
    Registered Users Posts: 288 ✭✭JL555


    Dolbhad wrote: »
    The saying is the day you buy, is the day you sell. Unless you fix the issue of non compliance, if you sell it in future, the purchasers need to do the same qualification. Equally of you go to remortgage, your solicitor will need to qualify.

    The qualification will depend on the bank. Usually banks accept it but may raise questions or want your engineer to confirm a few things. But your solicitor would best know so if they are hopeful it goes through, it should be fine. You should just be happy to buy it with the issue.

    I’m confused as to the retention permissions. Retention is for works that we’re carried out and never got planning but should have gotten planning so an application is made subsequently. Do you mean general planning permission was applied for but never used? If so that’s not an issue.

    Yeah that's correct, my mistake, there was planning to carry out alterations but were never carried out. I would be prepared to move on with it. As for the non compliance to the original works, it would be something I would either want rectified before we go ahead, but that would push the whole thing out for months, or deal with it myself after purchase, either way, it would not be something I would want to leave undone. TBH I've had worse battles in my time so it's not something that scares the bejesus out of me.


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  • #7
    mickdw
    Registered Users Posts: 23,249 ✭✭✭✭mickdw


    flynny50 wrote: »
    We are sale agreed on a property but major issue came up on survey.
    Percolation area is not within boundaries & field owner wont give access.
    Can we buy house as is & put in new system within own boundary?
    Will bank lend same figure based on this?

    I doubt they will lend at all on that as issues re percolation beyond site boundaries are one of the more serious issues as banks would see it.
    Depending on the extent of the problem, planning will likely be needed. The problem with existing sewage systems is that planners will seek a full upgrade of the system as part of planning process if not deemed up to standard.
    This is an issue that is better sorted prior to completing.


  • #8
    flynny50
    Registered Users Posts: 73 ✭✭flynny50


    mickdw wrote: »
    I doubt they will lend at all on that as issues re percolation beyond site boundaries are one of the more serious issues as banks would see it.
    Depending on the extent of the problem, planning will likely be needed. The problem with existing sewage systems is that planners will seek a full upgrade of the system as part of planning process if not deemed up to standard.
    This is an issue that is better sorted prior to completing.

    Thanks for that.
    We love the house & location,so hard to walk away but resolving this via the present owner could take years.
    We are ready to buy now & very rarely do houses like this come up.


  • #9
    lomb
    Registered Users Posts: 6,031 ✭✭✭lomb


    flynny50 wrote: »
    Thanks for that.
    We love the house & location,so hard to walk away but resolving this via the present owner could take years.
    We are ready to buy now & very rarely do houses like this come up.

    You could pay for and submit a planning application and bore hole but you'd have to have an agreement with seller for costs of this and likely the costs of a new septic tank. It would take at least 12 weeks I would say if you bang heads together.


  • #10
    Claw Hammer
    Registered Users Posts: 6,149 ✭✭✭Claw Hammer


    flynny50 wrote: »
    Thanks for that.
    We love the house & location,so hard to walk away but resolving this via the present owner could take years.
    We are ready to buy now & very rarely do houses like this come up.

    It is no good if you can't pull the chain.


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