Buying site when planning is in other persons name

Malary

Hi,

Is it wise to buy a site when the planning permission has been granted in the sellers name. The condition states that this person must live in the house for 5 years. The seller got planning permission because he qualified for local needs and now wants to sell site with FPP.

davidoco

For all intends and purposes that field does not therefore have planning permission. If you look at the actual grant you will see it may have a condition that a deed/legal document be lodged against the property by the council before occupation.

Just buy it "subject to planning" in your own name.

sydthebeat

Malary wrote: »

The seller got planning permission because he qualified for local needs and now wants to sell site with FPP.

in most cases this is not allowed (the selling of 'the permission')... no solicitor would allow any transaction to take place as immediately the conditions of planning cannot be met. as davidoco says.... offer to buy 'subject to FPP'.


however i have heard cases where local authorities 'may' accept the sale if the purchaser can prove he/she meets the requirements of the rural housing guidelines. Contact your local authority and ask them...

muffler

sydthebeat wrote: »

however i have heard cases where local authorities 'may' accept the sale if the purchaser can prove he/she meets the requirements of the rural housing guidelines. Contact your local authority and ask them...

That would be the situation in Donegal.

mickdw

When this occupancy condition is on the planning, it cannot be sold as 'with planning'.
If you qualify to live in the area, you can apply again and you should receive planning in your own name but that is never certain.
Nobody can stop you buying the field as a 'field', not a site regardless of the planning so if you really want to go ahead and buy it, all the solicitor can do is advise that it doesnt have planning. You should only buy subject to planning though. Anything else would be reckless seeing as Im sure you are paying more than agricultural value for it.

clint_eastman

My experience in Limerick has been that once a residency clause has been included as part of the planning grant, a new application must be made by any prospective purchaser to ensure that the same local requirements are met. As far as I know though,if you fulfill the requirements as did the original applicant/owner, it should be a straightforward application, but bear in mind that the owner may have used the fact that he was building on his own land to get a favorable planning decision, which you will not be able to do. I'd agree with the above that purchasing subject to planning is the only way forward, and a pre-planning meeting with the LA will give you a pretty good indication as to where you stand. As above, depending on the LA, they may even let you proceed without a new application if you can prove you fulfill the requirements.

Malary

Thanks for advice. Yes the asking price is way above agricultural value and there is no chance that I will qualify for local needs (site is in Meath) even though I live here for 6 years, I'm not originally form here. However, the seller is of the opinion that the build can go ahead and as long as I don't sell it in the 5 years, then the LA are no wiser.

muffler

Malary wrote: »

Thanks for advice. Yes the asking price is way above agricultural value and there is no chance that I will qualify for local needs (site is in Meath) even though I live here for 6 years, I'm not originally form here. However, the seller is of the opinion that the build can go ahead and as long as I don't sell it in the 5 years, then the LA are no wiser.

Have you read the conditions on the planning permission? You will most likely see a condition that the Local Authority are to be notified in writing of the name of the first occupant of the house when its completed.

meathlady

Is there any way around this? I am in a similar situation myself. Is it possible for the person with planning permission to perhaps lay the foundations and then sell it on? How does the council actually know if the house is being built by another person?
I know of people who have done it, I just don't know how!

muffler

Steady on here meathlady. Please read the forum charter

Im cutting you a bit of slack as this is your first post.