Buying a house that has planning as an investment holiday home to live in

Akrasia

Does anyone know what the legal situation is here.

If someone was to buy a house that was built with planning as a holiday home in a development of other holiday homes.

The owner of the development is applying for a change of use for some of the properties from holiday homes to residential and they have been granted this by the local county council, but the decision has been appealed by local residents to an Bord pleanala

Does anyone know what the legal situation would be if someone was to buy one of these holiday houses with the intention of using it as a principle private residence. (if the planning appeal is successful and change of use is denied?)

L1011

There'd be planning issues for the purchaser and possibly, regardless of planning issues, tax issues for the vendor - they would have received tax incentives for construction which would have had a required term of use on it.

The county council would have the same rights as they do with any other unauthorised development - long and painful legal processes that seem to get nowhere but cost a packet.

TheDriver

Ask solicitor also, quite cheap consultation is important for this unusual scenario

Muahahaha

I looked into this before. The long and short of it is that you need the planning to be converted from a holiday letting to residential. Some estate agents in Wicklow were trying to sell holiday homes outside Blessington a few years back. They were asking rock bottom prices but the buyer would have been responsible for getting planning changed. To me that sounded like the sellers didn't want to try for it themselves because they knew it would be denied and that they were trying to rope buyers into a legal quagmire by selling them what seemed like cheap houses but turned out to be long term headaches.

Irrespective of all that each situation is different and yours will largely depend on local factors such as the views of the planners on allowing a holiday home to become residential. So your best bet is to find a good solicitor with strong local contacts to find out if it can be done. If it can then expect associated legal costs. Ensure your solicitor draws up contracts that are subject to the permission being changed.

The_Morrigan

OP legal advice is not permitted on boards.ie, please consult a solicitor in relation to your query.