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Council enforcement notice

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  • 10-05-2021 6:39pm
    #1
    endofrainbow
    Registered Users Posts: 2,608 ✭✭✭


    If a local council (after a long investigation) serves an enforcement notice on a granny flat to stop it being used for rented accommodation, what happens if after the date given to cease, it continues to be rented out?

    What powers do the council have in enforcement ? Do they use them? Can an enforcement notice be appealed or is that only in the case of planning permission / retention?

    Thanks in advance.


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    #2
    Yakov P. Golyadkin
    Registered Users Posts: 570 ✭✭✭Yakov P. Golyadkin


    endofrainbow wrote: »
    If a local council (after a long investigation) serves an enforcement notice on a granny flat to stop it being used for rented accommodation, what happens if after the date given to cease, it continues to be rented out?

    What powers do the council have in enforcement ? Do they use them? Can an enforcement notice be appealed or is that only in the case of planning permission / retention?

    Thanks in advance.

    They will pass it to their legal department who will institute court proceedings.

    If you are found guilty the court can impose fines/jail time (I would think jail is a rare occurrence). It depends on the local authority, some are more proactive than others. The only formal challenge to an enforcement notice is in court, you may be able to reach agreement with the planning department that will see proceedings discontinued but this is at their discretion.


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    #3
    FishOnABike
    Registered Users Posts: 4,378 ✭✭✭FishOnABike


    I presume it is enforcement of a planning condition that the granny flat was for family use and could not be let.

    As the above poster indicated, it depends on how proactive the council is. As they have taken the effort to issue an enforcement notice I guess they're not going to sit on their hands if you ignore it.

    If it goes to court you could be faced with your legal costs, their legal costs, a fine and a court order. Failing to comply with a court order could lead to imprisonment for contempt.


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    #4
    cml387
    Registered Users Posts: 8,378 ✭✭✭cml387


    As a matter of interest, are enforcement orders available to view? Eplan will show that an enforcment order is in place, but there are no details.


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