No planning on extension.

shawnee

Was buying an old property but have discovered that a small extension and septic tank have not got planning. My solicitor pointed out this and the sellers solicitor says that the extension is below the required size and will be okay. He also states that the septic tank is there pre 64 and does not require planning. He is prepared to get an affidavavitt for the tank and get an engineer to verify that the building is okay. I had initially asked that they apply for retention , however they say that this way should suffice > Any opinions on this, I am a bit unhappy that I may have difficulty should I decide to resell.

D3PO

sounds fine BUT your the buyuer tell them retention or no sale. Power is in your hands.

Ddad

It would be over the top to make someone apply for retention on a structure that's planning exempt; that is of course if it is actually exempt. I'd clarify if it is exempt first otherwise your putting the cart in front of the horse.I would suggest their engineer can supply an affidavit to the effect the structure is exempt if that is the case.

Applying for retention will also slow up the passage of the sale and if it isn't required you'll sour relations with the sellers. Best to keep these thing cordial.

Ray Palmer

In Dublin 40sqm is exempte from planning once it follows some guideline such as windows not too close to other houses and so much is the 2nd floor etc... They can provide a surveyors report stating the the extention is exempt rather than a solicitor's opinion that won't stand as an expert opinion. If not you can buy and apply for planning retention. You should be able to get a discount for this.

My understanding extensions built prior to the exemption are not covered as it is when it was built that is important. Effectively the same thing that says you don't need PP for the tank might mean you have to get it for the extension.

D3PO

Ddad wrote: »

Applying for retention will also slow up the passage of the sale and if it isn't required you'll sour relations with the sellers. Best to keep these thing cordial.

So what if you sour relations ? Your buying a house not a drinking buddy.

Its a transaction you want to buy something they want to sell something. If they arent offering you what you want theres many more that will. If that means they have to jump through a few hoops then so be it.

Victor

You need to find out when the extension and septic tank were built to see if they are exempt and check with the council planning department to see if they are happy with them. If it is a pre-63 septic tank, while it may be exempt, neither would it comply with modern standards and may need replacement.

D3PO wrote: »

So what if you sour relations ? Your buying a house not a drinking buddy.

What if the vendors live next door? What if the vendors tell the neighbours?

shawnee

Ray Palmer wrote: »

In Dublin 40sqm is exempte from planning once it follows some guideline such as windows not too close to other houses and so much is the 2nd floor etc... They can provide a surveyors report stating the the extention is exempt rather than a solicitor's opinion that won't stand as an expert opinion. If not you can buy and apply for planning retention. You should be able to get a discount for this.

My understanding extensions built prior to the exemption are not covered as it is when it was built that is important. Effectively the same thing that says you don't need PP for the tank might mean you have to get it for the extension.

The extension which is relatively small (a kitchen) was built within the last ten years, this is pretty obvious by design and pvc windows etc. The tank apparently was there prior to this and sellers are prepared to provide an affidavit that it was there prior to planning regs in 1964. I am however concerned that should I decide to resell the property , would I run into difficulties and delays.

Ray Palmer

shawnee wrote: »

The extension which is relatively small (a kitchen) was built within the last ten years, this is pretty obvious by design and pvc windows etc. The tank apparently was there prior to this and sellers are prepared to provide an affidavit that it was there prior to planning regs in 1964. I am however concerned that should I decide to resell the property , would I run into difficulties and delays.

Yes the same difficulties they have now. In theory the local council can come along and ask for it to be knocked.

The exemption for planning depends on where you are. You need them to state it was built during this time. Highly unlikely that it would casue a problem. If you go to sell it the next buyer will have the same fear as you. Bare in mind you really want to replace that tank because there is no way that tank is a decent size and probably leaking by now too.

shawnee

Ray Palmer wrote: »

Yes the same difficulties they have now. In theory the local council can come along and ask for it to be knocked.

The exemption for planning depends on where you are. You need them to state it was built during this time. Highly unlikely that it would casue a problem. If you go to sell it the next buyer will have the same fear as you. Bare in mind you really want to replace that tank because there is no way that tank is a decent size and probably leaking by now too.

Thanks for the advice on the tank. I am aware that there is a lot of emphasis on these tanks at present and as you mentioned if it was built pre 64 then chances are that it will not meet specs when new regulations come in. It may be worth asking the seller to allow for upgrade costs of tank ! I am happy that there will not be problems with the extension but am not so happy with the tank aspect

Supercell

I dont know about the septic tank but I can tell you what I was advised by the local counil on a property we are buying.
The surveyors report said that the extension would have needed planning permission. Yet the vendors have a certificate of compliance from the architect.

So I went down to the local planning office. They told me that while this is not not legally binding advice, that if the extension was over seven years old without objections from the neighbours, that they would not contest it in the future.

Victor

Supercell wrote: »

They told me that while this is not not legally binding advice, that if the extension was over seven years old without objections from the neighbours, that they would not contest it in the future.

That is the Irish position, but it is being challenged by the EU, who say the directive hasn't been transposed into Irish law properly.

lomb

Id be more worried that you are buying a property than the planning on a small extension. Prices are and will fall for another 1-2 years by another 30-30% or so.

shawnee

lomb wrote: »

Id be more worried that you are buying a property than the planning on a small extension. Prices are and will fall for another 1-2 years by another 30-30% or so.

Did you predict the price drop of the last two years. If so you could have have made a fortune ???
Depending on price and location there will always be buyers and people will always need houses , but they certainly won't be buying for appreciation !:D

lomb

shawnee wrote: »

Did you predict the price drop of the last two years. If so you could have have made a fortune ???
Depending on price and location there will always be buyers and people will always need houses , but they certainly won't be buying for appreciation !:D

I did predict the fall but the only property I own is a commercial property and I couldnt sell that in any case as I work in it. I feel quite confident that prices will stop falling in the next 2 years though. They are still statistically in freefall though with the graph showing no sign of levelling.
As far as there being buyers, I agree the only question is price, and if one thing goes down even the nicer ones drop as everything is cross linked especially in a narrow market like Ireland.

shawnee

lomb wrote: »

I did predict the fall but the only property I own is a commercial property and I couldnt sell that in any case as I work in it. I feel quite confident that prices will stop falling in the next 2 years though. They are still statistically in freefall though with the graph showing no sign of levelling.
As far as there being buyers, I agree the only question is price, and if one thing goes down even the nicer ones drop as everything is cross linked especially in a narrow market like Ireland.

I agree overall with your post. However there are some properties already being sold at get out prices. The property I am considering is in the lower end of the spectrum (less than 100K) and I do believe these properties cannot fall a lot more. The only properties that are selling at present are the ones where the buyer really wants out and prices the property accordingly or alternatively accepts the best offer

lomb

shawnee wrote: »

I agree overall with your post. However there are some properties already being sold at get out prices. The property I am considering is in the lower end of the spectrum (less than 100K) and I do believe these properties cannot fall a lot more. The only properties that are selling at present are the ones where the buyer really wants out and prices the property accordingly or alternatively accepts the best offer

Agreed:) Tis a shrewd time to buy in that case.
Where are you buying out of interest?

shawnee

Limerick area. I had occasion to see a house for sale on half acre , with garage, central heating etc in quite rural area approx 25 miles from Limerick for 85k. Ready to live in. Can't drop much more than that but owner deceased and sellers want cash.