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Buying a Protected Structure and planning permission

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  • 31-08-2013 12:15pm
    #1
    Zadkiel
    Registered Users Posts: 687 ✭✭✭


    Hi All,

    I was hoping someone may be able to point me in the right direction on a query I have. I've tried searching the City Council sites and Citizens Information but can't find anything specific to this.

    We've been looking at properties for the past year or so and we've finally seen one that we are really interested in and are seriously considering making an offer.

    The property is a protected structure, but it has a modern extension built on to the back of the house. I asked the EA if there was planning permission for it and he had no idea and didn't seem inclined to find out. I checked the DCC site and there is no record of planning ever being sought or given.

    My question is, if we bought this house or even went sale agreed would it be highlighted at any stage in the conveyancing process? If no planning was ever given would we be liable for returning the property to its original state or is there a period after which they would no longer raise it as an issue, say if the extension was built 10 years prior to us buying the house.

    As said I can't find anything specific so any help or advice on where I can look would be really welcome.

    Many thanks
    z


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    #2
    Hoagy
    Registered Users Posts: 707 ✭✭✭Hoagy


    Yes it would come up in the conveyancing. The grant of PP becomes part of the folio of deeds for the property. If there wasn't any permission it might be exempt, in which case an architect's opinion would be required which would also become one of the deeds. Your own solicitor couldn't let the sale proceed without one or the other.


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    #3
    Zadkiel
    Registered Users Posts: 687 ✭✭✭Zadkiel


    Thanks Hoagy, that's really helpful.
    In relation to the other part of my question. If it transpired that Planning was required but not given.
    Would we be responsible for returning the property to its original state if we went through with the purchase. Obviously that would weigh heavily on our decision....the costs would be prohibitive.


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    #4
    Hoagy
    Registered Users Posts: 707 ✭✭✭Hoagy


    As far as I know there is a limitation of seven years for action against an unauthorised development, but if there's a mortgage provider involved they won't let you proceed with the purchase if the PP issue isn't sorted.


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    #5
    Zadkiel
    Registered Users Posts: 687 ✭✭✭Zadkiel


    Thanks again Hoagy, I really appreciate you taking the time to reply.


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    #6
    Marcusm
    Registered Users Posts: 10,328 ✭✭✭✭Marcusm


    Check when the building was put on the list of protected structures and compare this with the age of the extension. If the extension was built since the building was a protected structure, there will be a problem. There is no concept of exempt development (such as less than 40sq m extension) with a protected structure and if it has been there more than 7 years then it might be immune but unauthorised, ie they can't issue an enforcement notice, but it is never an authorised structure. This is important for protected structures as for many of them you need to get exemption certificates for internal work (possibly including painting). If the planning officer doesn't like any unauthorised extensions, they have much greater leverage over you than they have with other building types. Personally, I would raise this issue now before a survey or solicitor to minimise wasted costs.


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    #7
    xper
    Registered Users Posts: 1,068 ✭✭✭xper


    Another thing to consider is that even if you somehow managed to get through the conveyancing this time around, the unauthorised extension is likely going to come up as an issue again if you make a planning application for any alterations to the building in the future (whether they involve the extension or not) and when the time comes to sell it on again.

    Bear in mind that 'protected structure' is a loosely-used term. It can mean you can change virtually nothing about the structure internally and externally or it may be that, for example, just the front facade needs to be conserved which would mean a rear extension was not a problem. Though you may still need piece of paper saying so.

    Its all just more reason to get the situation clarified now.
    Zadkiel wrote: »
    Hi All,
    ... I asked the EA if there was planning permission for it and he had no idea and didn't seem inclined to find out. ...
    As someone has put it on another current thread, EA's tend to know little about the property they are selling other than what they put in the blurb ... and you have to take that with a pinch of salt too. In fairness, even if the EA did know the planning permission situation categorically, you would still need the professionals who are representing you (surveyor, solicitor, etc) to do their own research and sign off on it during the conveyance.


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