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When is retention required?

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  • 17-06-2015 2:23pm
    #1
    hearmehearye
    Registered Users Posts: 348 ✭✭


    My folks inherited a small cottage a year ago, and the paperwork was recently cleared so that my father's name is on the deeds. The house was built in the 60's, and I know there was no planning pre 1964.


    There's a buyer interested in buying the cottage in order to renovate and live in, and I'm just trying to figure out what my next move is (I'm dealing with it for my folks). The solicitor at the time said there was no planning permission for it, but he didn't specify if this was because the house was pre 1964, or if it was just built without it.


    If we do sell the cottage, I take it we would be the people to apply for retention? I'll arrange to meet with the solicitor to discuss things anyway, but I'd like to have some clue about what's going on before I meet him. I've been reading the Planning Acts but can't make out where we stand because the date of the build is unknown, to the best of my knowledge.


    Cheers
    Tagged:


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    #2
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    if you want to sell the cottage you need a certificate of compliance with, or exemption from, planning regulations.

    So engage a local architect / architectural technician / planning consultant to prepare this for you.
    its for them then to satisfy themselves that the cottage was built pre october 1964 or not


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    #3
    hearmehearye
    Registered Users Posts: 348 ✭✭hearmehearye


    sydthebeat wrote: »
    if you want to sell the cottage you need a certificate of compliance with, or exemption from, planning regulations.

    So engage a local architect / architectural technician / planning consultant to prepare this for you.
    its for them then to satisfy themselves that the cottage was built pre october 1964 or not



    Cheers, this will be a private sale (no estate agents involved), I'm assuming that doesnt make a difference?


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    #4
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    hearmehearye wrote: »
    Cheers, this will be a private sale (no estate agents involved), I'm assuming that doesnt make a difference?

    nope, no difference

    the solicitor for the purchaser will insist on one


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    #5
    hearmehearye
    Registered Users Posts: 348 ✭✭hearmehearye


    I thought as much.


    Thanks a million. Have you any idea how long it takes for the permission to be processed once it's applied for? Is it the same amount of time as regular PP takes?


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    #6
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    hearmehearye wrote: »
    I thought as much.


    Thanks a million. Have you any idea how long it takes for the permission to be processed once it's applied for? Is it the same amount of time as regular PP takes?

    some wires are crossed here

    if the architect is satisfied it is built pre oct 1964, its simply a case of writing up the cert... so we're only talking a matter of days

    if they are not satisfied that it was, then a planning application for retention would be required. This would take the same length as a standard application.

    there are ways of telling ie checking maps, checking ESB meters, or even just offering an opinion based on the vernacular construction.


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    #7
    hearmehearye
    Registered Users Posts: 348 ✭✭hearmehearye


    sydthebeat wrote: »
    some wires are crossed here

    if the architect is satisfied it is built pre oct 1964, its simply a case of writing up the cert... so we're only talking a matter of days

    if they are not satisfied that it was, then a planning application for retention would be required. This would take the same length as a standard application.

    there are ways of telling ie checking maps, checking ESB meters, or even just offering an opinion based on the vernacular construction.



    Ah yes I understood that, sorry if I didn't make that clear. Will get architect in and see where we go from there. You've been a super help thanks a million.


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