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Buying a site with Planning Conditions

  • 14-01-2010 11:29am
    #1
    Registered Users, Registered Users 2 Posts: 144 ✭✭


    Hi,

    A friend of mine is considering to buy a site that has planning permission granted for 4 houses. She would be buying one of these sites and she would be the 1st one to build. There is a common access for the 4 houses and the standard planning conditions attached to the grant.

    I understand this is not the ideally situation BUT there are ways of getting around.

    I would appreciate if you could share similar experiences.

    Is the developer obliged to comply with the conditions before he sells the sites?
    What kind of agreement did you make with the developer?
    What risks are involved?

    Thanks in advance.


Comments

  • Registered Users, Registered Users 2 Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    All conditions to do with services are likely to have a "to be completed before occupation" type clause which should be addressed with timeframes and schedules, and imo, should be completed in full before I would pay for a site.

    Contribution conditions should also be ironed out, how much of the total contributions are you expected to pay? do you pay it to the LA directly or to the builder who pays it to the LA? is your share of the contributions 'built in' to the site cost?

    When you are looking at a development of more than one house you will most likely have a management company look after the maintanance of the services and common areas, cutting grasses, emptying bins, changing street light bulbs, trimming and careing for landscaping, unblocking drains, filling potholes, etc., as the LA will not take charge of services or common areas for at least 10 years.

    In effect you are buying a serviced site, but because the services are not being looked after by the LA, you need to protect your interests and ensure you have a handle of exactly who is looking after the services and how often and how much it will cost. I would only consider buying a site if it was fully serviced and the site boundaries were in place and all the above had been taked care of.


  • Registered Users, Registered Users 2 Posts: 144 ✭✭icbarros


    Thanks for your comments Poor Uncle Tom.


  • Registered Users, Registered Users 2 Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    I think you knew most or all of that anyway, but there is no harm in giving the thread a bump..;)

    Anybody with any other insights, please post here, come on ye're not shy on being heard on other issues......:)


  • Registered Users, Registered Users 2 Posts: 1,472 ✭✭✭tred


    There going to need a solictor to buy the site, let the solicitor check out all those conidtions and whos liable etc......


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