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Offer on house with incorrect planning

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  • 13-01-2015 8:57pm
    #1
    mick4_2000
    Registered Users Posts: 71 ✭✭


    Hi,

    Quick question. I have an offer accepted on a house that i really like. I have just received the planning documents from the vendors but the house has a bay window and it says on the planning conditions to remove the bay window and match the top window.

    Now i'm in a bit of a predicament on what needs to happen. The house is built over 7 years if that makes any difference. Can i take the risk and apply for retention once the sale is complete. I want to sign purchase the house ASAP as my rental agreement is up shortly and would work well for me.

    I'n not intending to ever sell the house but you never know with these things.

    Thanks

    Mike


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    #2
    Zzippy
    Registered Users Posts: 14,166 ✭✭✭✭Zzippy


    If you are getting finance from a bank the seller will need to apply for retention planning permission and regularise the situation before you can complete the sale - no bank will release funds on a property that is not compliant with planning. In a similar situation here - if you sign contracts make sure your solicitor adds conditions that the sale is subject to planning and the vendor must sort this out before completion. If your solicitor is any good they won't allow you to sign contracts without this happening - what would happen if you signed, the sale was due to close with no resolution to the planning, and your bank then refused to release the mortgage funds? You'd lose your 10% deposit...


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    #3
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    I thought the planning was valid if there were no objections after 7 years ?


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    #4
    Chiorino
    Registered Users Posts: 621 ✭✭✭Chiorino


    Bigcheeze wrote: »
    I thought the planning was valid if there were no objections after 7 years ?

    Statute of limitation for enforcement proceedings lasts 7 years. It doesn't mean if you've gotten away with it for that long that de facto permission has been granted.


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    #5
    Zzippy
    Registered Users Posts: 14,166 ✭✭✭✭Zzippy


    Bigcheeze wrote: »
    I thought the planning was valid if there were no objections after 7 years ?

    No, it just means the planning authority can't take enforcement action after 7 years. If you want to sell the property or do any works that require planing permission you need to regularise the planning situation by either getting retention, or modifying the property to comply with the original permission.


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    #6
    spaceHopper
    Registered Users Posts: 3,993 ✭✭✭spaceHopper


    There is very little chance of sorting it out quickly talk to your landlord and go part 4 tenancy where you will basically be month to month keep them in the loop if there are any delays... It will be better for you in the end. Hopefully the solicitor and vendor can sort out the planning but it will take time and has to be done the day you buy the house is the day you might have to sell it


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