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old house extension has no planning

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  • 14-04-2015 12:13pm
    #1
    Registered Users Posts: 4,953 ✭✭✭


    A rural house I'm looking at to buy (built pre 1960) has a more recent extension, probably 30-35 years old that doesn't have planning permission.
    I haven't got an exact size but it's unlikely to be more than 20M sq.

    How much of an issue is that likely to cause.
    I'm doubt that I may need (or the vendor) will need to apply for retention, but can the sale go through as is? Will banks insist on it being sorted first?

    I would intend to replace it anyway in a few years with a bigger (with planning) extension.

    note: updates with est. size


Comments

  • Registered Users Posts: 905 ✭✭✭Uno my Uno.


    paulbok wrote: »
    A rural house I'm looking at to buy (built pre 1960) has a more recent extension, probably 30-35 years old that doesn't have planning permission.
    How much of an issue is that likely to cause.
    I'm guessing that I may need (or the vendor) will need to apply for retention, but can the sale go through without it? Will banks insist on it being sorted first?

    I would intend to replace it anyway in a few years.

    Depending on the Size of the extension it may be Expmpt from Planning permission. Either way if it is that old then it is not possible for the council to enforce planning on it.

    The Estate Agent should have all the information, if it is Exempt or old enough to be beyond enforcement the Vendor should provide an architects opinion to that effect.


  • Registered Users Posts: 14,166 ✭✭✭✭Zzippy


    In a similar situation. You solicitor will rightly insist that the seller regularises the planning irregularity before the sale can complete. The bank will not release funds until they, and your solicitor, are satisfied that the house is fully compliant with planning. It's not a complex process for the seller to do, but they do need to apply to the LA for retention planning permission, which will take a minimum of 8 weeks to obtain.


  • Registered Users Posts: 4,953 ✭✭✭paulbok


    I'm fairly sure the extension is under 40M sq, so it's probably a moot point.

    Good to know though that the retention process isn't too bad.



    Out of curiosity, it the extension was over 40m sq, and retention was got, could another extension be then built (under 40m)?


  • Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Zzippy wrote: »
    In a similar situation. You solicitor will rightly insist that the seller regularises the planning irregularity before the sale can complete. The bank will not release funds until they, and your solicitor, are satisfied that the house is fully compliant with planning. It's not a complex process for the seller to do, but they do need to apply to the LA for retention planning permission, which will take a minimum of 8 weeks to obtain.

    No retention required if its under exempted development
    paulbok wrote: »
    I'm fairly sure the extension is under 40M sq, so it's probably a moot point.

    Good to know though that the retention process isn't too bad.



    Out of curiosity, it the extension was over 40m sq, and retention was got, could another extension be then built (under 40m)?

    Not without planning, if the total extensions exceed 40m you need planning.


  • Registered Users Posts: 4,359 ✭✭✭jon1981


    We bought a house which had an extension that was under the 40sqm rule, however she would not progress the sale until we had received a letter stating it was exempt from planning. Not sure if this is the banks rule or we just had a very diligent solicitor. The vendor had to get a signed letter of exemption letter from someone ( not sure who, an architect?). It didn't take more than a week for them to sort it.


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  • Registered Users Posts: 439 ✭✭CBFi


    I believe that if the county council have not lodged a complaint within 7 years that they can no longer pursue it. Had a similar issue, did not proceed with sale but my bank was willing to give us mortgage if vendor was willing to sign a declaration that extension was more than 7 years old. They weren't.


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