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Subject to planning permission steps

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  • 23-09-2020 7:12pm
    #1
    Zenify
    Registered Users Posts: 861 ✭✭✭


    Hi

    I am sale agreed on a property that is being sold subject to planning permission.What are the steps in the buying process ?

    the estate agent is asking for booking deposit and solicitor details. should I hire an architect to have a look before I get a solicitor involved ? I think getting the planning permission will be tough.


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    #2
    Zenify
    Registered Users Posts: 861 ✭✭✭Zenify


    it would also be great if anyone could pm details of architect/solicitor in wicklow


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    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,446 Mod ✭✭✭✭Gumbo


    Zenify wrote: »
    Hi

    I am sale agreed on a property that is being sold subject to planning permission.What are the steps in the buying process ?

    the estate agent is asking for booking deposit and solicitor details. should I hire an architect to have a look before I get a solicitor involved ? I think getting the planning permission will be tough.

    The property obviously had some outstanding planning issues.
    I assume the owner has lodged a retention permission.
    Once this is granted (hopefully) then the sale can proceed.

    Wait until your survey and get the surveyor to view the granted permission against what’s on the ground and compare.
    The vendor will need to supply opinions on compliance with planning and building regs anyway.


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    #4
    Zenify
    Registered Users Posts: 861 ✭✭✭Zenify


    it is just an old derelict cottage, there has been no planning permission applications. it has been left empty for a few years.

    on the for sale ad it says "Subject to planning permission for fully renovated and extended dwelling".

    I assume that means that the sale is on the condition of the buyer getting planning permission ?


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,446 Mod ✭✭✭✭Gumbo


    Zenify wrote: »
    it is just an old derelict cottage, there has been no planning permission applications. it has been left empty for a few years.

    on the for sale ad it says "Subject to planning permission for fully renovated and extended dwelling".

    I assume that means that the sale is on the condition of the buyer getting planning permission ?

    That’s different then.
    You are buying a derelict cottage.
    Check your mortgage provider will release funds for this.
    You will then require planning to reinstate its use as a dwelling.


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    #6
    bobbyy gee
    Banned (with Prison Access) Posts: 1,306 ✭✭✭bobbyy gee


    wicklow had alocal need only policy for years
    were you could not get planning if you were not local but hundreds of houses get built by developers

    https://www.irishexaminer.com/news/arid-30977228.html


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    #7
    sydthebeat
    Subscribers Posts: 40,995 ✭✭✭✭sydthebeat


    bobbyy gee wrote: »
    wicklow had alocal need only policy for years
    were you could not get planning if you were not local but hundreds of houses get built by developers

    https://www.irishexaminer.com/news/arid-30977228.html

    Post which shows a complete lack of understand of the whole point of "local need "


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    #8
    Zenify
    Registered Users Posts: 861 ✭✭✭Zenify


    Gumbo wrote: »
    That’s different then.
    You are buying a derelict cottage.
    Check your mortgage provider will release funds for this.
    You will then require planning to reinstate its use as a dwelling.

    the estate agent said you could move into it as is because it has a roof. I have cash so don't need a mortgage.

    is my next step to hire an architect to look at it and confirm planning situation ?


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    #9
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    Estate agent is talking through his behind. It’s either derelict or habitable. Which is it? As above, confirm with local arch Re local need criteria Before committing cash.


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    #10
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,446 Mod ✭✭✭✭Gumbo


    Zenify wrote: »
    the estate agent said you could move into it as is because it has a roof. I have cash so don't need a mortgage.

    is my next step to hire an architect to look at it and confirm planning situation ?

    Yes. 100%. If you can move straight in then why sell subject to planning?
    Do not take the EA word on the planning status.


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    #11
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    bobbyy gee wrote: »
    wicklow had alocal need only policy for years
    were you could not get planning if you were not local but hundreds of houses get built by developers

    https://www.irishexaminer.com/news/arid-30977228.html

    Not sure if this is trolling, but just to be clear, this the construction and planning forum, we offer advice to the likes of the OP. if the state of Ireland’s planning system is something you’d like to discuss, try the politics forum.


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    #12
    Zenify
    Registered Users Posts: 861 ✭✭✭Zenify


    does the phrase "subject to planning permission for extended dwelling etc." mean that the sale is based on the buyer getting planning permission ? and if planning is not granted i can pull out?


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    #13
    Zenify
    Registered Users Posts: 861 ✭✭✭Zenify


    BryanF wrote: »
    Estate agent is talking through his behind. It’s either derelict or habitable. Which is it? As above, confirm with local arch Re local need criteria Before committing cash.

    sorry I used the word derelict. the for sale ad does not. I was just trying to say that its in a bit of a state.


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    #14
    [Deleted User]
    Posts: 5,121 ✭✭✭ [Deleted User]


    Zenify wrote: »
    does the phrase "subject to planning permission for extended dwelling etc." mean that the sale is based on the buyer getting planning permission ? and if planning is not granted i can pull out?
    It all really depends - subject to planning permission for an extension is very different to subject to planning permission to make it habitable.

    I think you have jumped ahead a bit too far - the only people who can answer these are a solicitor and planning professional, none of us can tell you what they understand.

    It is all down to whatever you agree.


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    #15
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    Zenify wrote: »
    sorry I used the word derelict. the for sale ad does not. I was just trying to say that its in a bit of a state.

    Has the house an esb connection? Working septic tank, that’s listed with council?


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    #16
    Zenify
    Registered Users Posts: 861 ✭✭✭Zenify


    BryanF wrote: »
    Has the house an esb connection? Working septic tank, that’s listed with council?

    has a septic tank, don't know if it's registered. has mains water, does not have esb


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    #17
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    Best to get a local arch/eng/planning consultant to assess the situation and have conversation with planning dept.


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    #18
    Zenify
    Registered Users Posts: 861 ✭✭✭Zenify


    BryanF wrote: »
    Best to get a local arch/eng/planning consultant to assess the situation and have conversation with planning dept.

    talked to an architect today. They initially said local needs only for something like this but they would double check with planning authority. They called back far more positive after discussing with planners saying as long as we didn't demolish the original structure it would not be local needs.

    Architect said next step now is to visit the site. I'll keep you posted here. thanks


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    #19
    looksee
    Registered Users Posts: 28,052 ✭✭✭✭looksee


    bobbyy gee wrote: »
    wicklow had alocal need only policy for years
    were you could not get planning if you were not local but hundreds of houses get built by developers

    https://www.irishexaminer.com/news/arid-30977228.html

    That article is nothing to do with local needs. And local needs applies to specific areas, not an entire county. You need to check out the County Development Plan.


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    #20
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,446 Mod ✭✭✭✭Gumbo


    Zenify wrote: »
    talked to an architect today. They initially said local needs only for something like this but they would double check with planning authority. They called back far more positive after discussing with planners saying as long as we didn't demolish the original structure it would not be local needs.

    Architect said next step now is to visit the site. I'll keep you posted here. thanks

    Excellent. Best of luck.


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