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    #32
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    househero wrote: »
    Haha. Filling me full of confidence :-)

    Thanks for the help Citizen. We haven't exchanged contracts yet (next week) I'm trying to do a full costings... lots of unexpected hidden costs on this 'bargain'
    I just saw this. This is your main bargaining chip. Unless you're actually getting a bargain you may need to stall it as "sale agreed", drop your offer and be willing to walk away unconditionally if they don't deal. Never be afraid to lose a small sum to walk away if you're not satisfied.


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    #33
    househero
    Registered Users Posts: 1,094 ✭✭✭househero


    leeroybrown wrote: »
    The development levies will have been a condition of planning condition so the Council may argue that your house has no planning if they haven't been paid (regardless of who should have paid them) and subject you to an enforcement notice..

    That's exactly what they are saying.

    After wx council didn't get the funds for 5 years from the original developer (it was HIS bill first, right???) Then the first owner didn't pay up and the council didn't get the money out of him for the last 4 years.... now I'm supposed to pay???


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    #34
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    househero wrote: »
    That's exactly what they are saying.

    After wx council didn't get the funds for 5 years from the original developer (it was HIS bill first, right???) Then the first owner didn't pay up and the council didn't get the money out of him for the last 4 years.... now I'm supposed to pay???
    Pretty much. The problem from my viewpoint is that even if the courts were to decide you don't owe the money you still have a mire of planning problems with the legally liable party bankrupt along the way. The Councils have all been squeezed for funds by the economic situation and one of the big elephants in the room was unpaid development levies. They've been told by Government to go collect that €500m+ if they need money. It's a mess.

    Personally, I'd be looking at really good deal to sort this out or else I'd walk. You've probably heard this loads of times but once you've decided on suitability the financial side of buying a house has to be the most unemotional thing you do.


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    #35
    househero
    Registered Users Posts: 1,094 ✭✭✭househero


    leeroybrown wrote: »
    Pretty much. The problem from my viewpoint is that even if the courts were to decide you don't owe the money you still have a mire of planning problems with the legally liable party bankrupt along the way. The Councils have all been squeezed for funds by the economic situation and one of the big elephants in the room was unpaid development levies. They've been told by Government to go collect that €500m+ if they need money. It's a mess.

    Personally, I'd be looking at really good deal to sort this out or else I'd walk. You've probably heard this loads of times but once you've decided on suitability the financial side of buying a house has to be the most unemotional thing you do.


    Done some reading...

    With the new 2013 planning rules that came in to place with lower fees, if the house was built today. The planning contributions would be half of the amount owed.

    The house was built together with another house, 2 detached houses. 2 identical houses On the one planning application.

    I assume, as the fees for the planning permission are unpaid that this also renders the other house as planning permission 'non complicant' too?


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    #36
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    househero wrote: »
    I assume, as the fees for the planning permission are unpaid that this also renders the other house as planning permission 'non complicant' too?
    The levies are supposed to be paid prior to development commencing so I think it'll fall into a grey area but if the other owner paid then the Council will likely be pretty quick to declare them compliant with planning once they produce a receipt. If the council were to decide to pursue it aggressively you'd find yourself in a situation where the potential legal costs could far outweigh the levy itself. You'll have to get your solicitor to look at it in detail if you do decide to continue with the purchase.


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    #37
    padraig.od
    Registered Users Posts: 778 ✭✭✭padraig.od


    Is Lionel Hutz your solicitor? How did you miss all of this?


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    #38
    househero
    Registered Users Posts: 1,094 ✭✭✭househero


    padraig.od wrote: »
    Is Lionel Hutz your solicitor? How did you miss all of this?

    Miss what exactly. We havnt signed anything yet. We did pay a lot of money to find these things out though. Things that would normally not be an issue with a private sale, as it would be the sellers responsibility.


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    #39
    househero
    Registered Users Posts: 1,094 ✭✭✭househero


    leeroybrown wrote: »
    I think it'll fall into a grey area but if the other owner (neighbour on the same planning application) paid then the Council will likely be pretty quick to declare them compliant with planning once they produce a receipt.


    Haha sounds about right, forget the law.

    We're going to the Sol to try and get the bank to accept paying the outstanding sum as a condition of sale.

    Found out how much the bank was owed, our offer is enough to cover the outstanding debt of the original owner, the household charge, property tax and planning contributions. If they wont accept that, were not buying.

    Im not happy about paying 2 other peoples Tax bill.


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