Where's the problem?

danika05

Can anyone clarify a planning permission issue for me?

I am buying a second hand house which has had some alterations done to it. There is one small change which does not have planning permission, (and it definately should have it.) The sellers contend that as it is there over seven years, there is no problem. Our solicitor feels otherwise. Our solicitor says that the fact that it is there over seven years helps, but doesn't solve the problem. I haven't been able to grasp exactly what our solicitor think is still an issue - can anyone enlighten me?

smashey

It's still an unauthorised development.

copper12

If it should have planning; but doesn’t have planning; but needs planning; then you will have to get planning for it.
Retention it’s called I think:eek:

sydthebeat

danika05 wrote: »

Can anyone clarify a planning permission issue for me?

I am buying a second hand house which has had some alterations done to it. There is one small change which does not have planning permission, (and it definately should have it.) The sellers contend that as it is there over seven years, there is no problem. Our solicitor feels otherwise. Our solicitor says that the fact that it is there over seven years helps, but doesn't solve the problem. I haven't been able to grasp exactly what our solicitor think is still an issue - can anyone enlighten me?

just because it has been there for over 7 years means it has passed the statute of limitations in which the council can legally commence enforcement action (open to clarification on this!!)

but this does not mean that there is planning permission for it. Permission for retention must be granted before the dwelling becomes a clean product to be bought.
If you are willing to purchase as is, use this as a bargining tool to get the vendor to drop his price, claiming that you are happy enought to purchase now and you will apply for retention yourself.... id say 3-4 K should cover fees (depending exactly on the nature of the unauthorised development).

sinnerboy

syd , that is how I see it too .

OP exactly what IS the subject of this issue - i.e. what is "the change" ?



.

Poor Uncle Tom

Not wise to buy without having planning permission status cleaned up. The LA can always refuse a retention application and so can An Bord Pleanala. Where would this leave the premises in question, or the clients for that matter.

I know it isn't your intention to mis-lead, but, like the solicitor, it is our job to protect our clients.

muffler

The question has been adequately answered above but just to add that should you buy it now and then wish to sell again at a later date then the problem is still there and maybe regulations would have changed and you are then really stuck.

Get the retention permission for whatever changes were made.

danika05

Thanks everyone, appreicate the info.

The change is a velux in the attic conversion that is facing out on the side, not the back. (Though there is a velux there too.)

I guess I want to know what are the consequences of owning a property that has an unautherosed change, but is past the seven years.

danika05

also, just to add, we are happy (ish) to go ahead and buy this property, haggle on the price with a view to getting the retention ourselves (or restoring the roof to how it was) - but I want to make sure I understand all the consequences of buying this property without the permission in place. Thanks.

Mellor

To be honest, thats possibly he most minor retention issue ever. But still requires retention. The cost of this getting retention is going to be very small, a few hundred.
As somebody said above, they can refuse, but they can't force you to reinstate. It would remain an Unauth. Develp.

danika05

yeah, its the fact that it is such a small issue thats driving me mad - I'd be very annoyed if such a small thing scuppered the deal.

So, if for some reason retention was denied, does the window just inhabit a sort of planning limbo?

RKQ

Firstly, who say the velux is there seven years? What proof or affidavitt do you have?

Technically the unauthoritised development devalues the property because it does not comply with planning permission. It might not be possible to get a mortgage on the property. It should be difficult to sell such a property. Limbo can be a long time.

If for some reason retention for velux was refused then you could remove the velux and thereby remove the problem.

Worst case, could you live without the offending velux?
Buyer beware if you purchase without retention you will inherit the problem.

You are in a strong position as mentioned above. Retention is important and needed (It should be granted provided neighbours don't object!).

Buying subject to retention is the safest route but buying and seeking retention is an option. Maybe suss out the neighbours affected, listen to your Solicitor and the good advice above and make an educated decision.
Good luck.

Rowley Birkin QC

Just be aware that a retention application requires 3x the normal planning fee.

Also could the OP try looking for a certificate of compliance from the planning authority?

Or does that just refer to exempted development?