Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Retention application

Options
  • 24-06-2018 9:57pm
    #1
    Deise boii
    Registered Users Posts: 67 ✭✭


    Hey ya looking for some sort of advice. We are sale agreed with a house just waiting on bank to go from approval in principle to full approval.

    I decided to drive past the house yesterday just for a look and noticed a planning permission sign on the fence. It is a retention application for the garage. Also the estate agent haven't put sale agreed on the sign either.

    Just wondering does anyone know how long this process usually takes. Does something sound strange about all this

    Thanks for any information given


Comments

  • Options
    #2
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    could be a while depending on a lot of factors


  • Options
    #3
    TomOnBoard
    Registered Users Posts: 5,111 ✭✭✭TomOnBoard


    Deise boii wrote: »
    Hey ya looking for some sort of advice. We are sale agreed with a house just waiting on bank to go from approval in principle to full approval.

    I decided to drive past the house yesterday just for a look and noticed a planning permission sign on the fence. It is a retention application for the garage. Also the estate agent haven't put sale agreed on the sign either.

    Just wondering does anyone know how long this process usually takes. Does something sound strange about all this

    Thanks for any information given

    Garage building doesn't conform to Planning: either some aspect of it is not in conformance or the whole thing was built without permission. Wasn't it mentioned by seller?


  • Options
    #4
    Deise boii
    Registered Users Posts: 67 ✭✭Deise boii


    TomOnBoard wrote: »
    Garage building doesn't conform to Planning: either some aspect of it is not in conformance or the whole thing was built without permission. Wasn't it mentioned by seller?

    No not a word and I was talking to the agent on Friday to organise a survey on the house Monday and they haven't said a thing either


  • Options
    #5
    barneygumble99
    Registered Users Posts: 4,175 ✭✭✭barneygumble99


    Deise boii wrote: »
    No not a word and I was talking to the agent on Friday to organise a survey on the house Monday and they haven't said a thing either

    Your olicitor should pick up on this, that’s their area.


  • Options
    #6
    Deise boii
    Registered Users Posts: 67 ✭✭Deise boii


    barneygumble99 wrote: »
    Your olicitor should pick up on this, that’s their area.

    Yea I think someone has noticed otherwise there would be no application gone in. I just find it very strange that no-one has said a word to us. I don't know is it usual that the sign hasn't been changed to sale agreed either although it is no daft.


  • Advertisement
  • Options
    #7
    TomOnBoard
    Registered Users Posts: 5,111 ✭✭✭TomOnBoard


    Deise boii wrote: »
    No not a word and I was talking to the agent on Friday to organise a survey on the house Monday and they haven't said a thing either

    Have you paid a deposit?


  • Options
    #8
    Deise boii
    Registered Users Posts: 67 ✭✭Deise boii


    TomOnBoard wrote: »
    Have you paid a deposit?


    Yea a fully refundable one just to put it sale agreed


  • Options
    #9
    TomOnBoard
    Registered Users Posts: 5,111 ✭✭✭TomOnBoard


    Deise boii wrote: »
    Yea a fully refundable one just to put it sale agreed

    Ok. They knew they'd have to get permission but kept it quiet. The application might have gone in either recently or some time ago but they only put the notice up recently.

    It may be ok, in that they may get the retention ok. However, it may delay closing as these things don't happen quickly. If its refused you won't have to proceed to closing. Your solicitor will advise the best course of action: wait or withdraw.


  • Options
    #10
    ross2010
    Registered Users Posts: 67 ✭✭ross2010


    Inform your own Solicitor about the garage retention. Likely the agent not mentioning as doesnt want u pulling out. If u need a fast closing it looks unlikely. You have paid a booking deposit but did u sign initial contracts and balance of dep to Sol....if not you are not officially sale agreed and sign usually wont be changed until you are. Regardless there is usually a 3rd party who go around and mount the for sale signs and change to sale agreed etc so can be on a list depending on volume in area. Hope it goes thru for you, best of luck.


  • Options
    #11
    Victor
    Registered Users Posts: 78,404 ✭✭✭✭Victor


    You can check the council website for details of the planning application - most of the websites have an application finder in the planning section. Assuming no appeals, planning applications normally take 2 months for a decision.
    TomOnBoard wrote: »
    Ok. They knew they'd have to get permission but kept it quiet. The application might have gone in either recently or some time ago but they only put the notice up recently.
    There is a strict timetable for the erection of the notice.


  • Advertisement
  • Options
    #12
    Deise boii
    Registered Users Posts: 67 ✭✭Deise boii


    I rang the estate agent this morning she firstly acted that it was the first time she heard about it. Then went on and stated that she heard about it when someone came to measure and discovered it's 400mm too high.

    She then told me that the seller bought the house and didn't mind about this and that he must be applying for this to dot the i's and cross the t's and that we can still buy it without the permission.

    She then told me that I should talk to my solicitor. All seems very strange


  • Options
    #13
    liam7831
    Registered Users Posts: 2,818 ✭✭✭liam7831


    Retention will take approx 6 months


  • Options
    #14
    TomOnBoard
    Registered Users Posts: 5,111 ✭✭✭TomOnBoard


    Deise boii wrote: »
    I rang the estate agent this morning she firstly acted that it was the first time she heard about it. Then went on and stated that she heard about it when someone came to measure and discovered it's 400mm too high.

    She then told me that the seller bought the house and didn't mind about this and that he must be applying for this to dot the i's and cross the t's and that we can still buy it without the permission.

    She then told me that I should talk to my solicitor. All seems very strange

    Yes.you need to discuss with your solicitor before you incur any costs of surveyors etc.


  • Options
    #15
    liam7831
    Registered Users Posts: 2,818 ✭✭✭liam7831


    You won't get mortgage without the retention


  • Options
    #16
    Deise boii
    Registered Users Posts: 67 ✭✭Deise boii


    liam7831 wrote: »
    You won't get mortgage without the retention

    Yea I thought they can't sell without it getting all sorted. The estate agent was basically saying it's only a small thing and we should buy anyway but I know she isn't working for me but for the seller so I'll just leave the solicitor talk to them from now on


  • Options
    #17
    stimpson
    Registered Users Posts: 7,821 ✭✭✭stimpson


    Don’t believe the agent. It’s their job to lead you on. Find out when the application went in and go from there. If you’re getting a mortgage you won’t be able to drawdown until it’s resolved.


  • Options
    #18
    liam7831
    Registered Users Posts: 2,818 ✭✭✭liam7831


    Ya Iv been just through the process wouldn't do it again, will involve lots of solicitors letters over the next 4 to 6 months.


  • Options
    #19
    TomOnBoard
    Registered Users Posts: 5,111 ✭✭✭TomOnBoard


    Deise boii wrote: »
    Yea I thought they can't sell without it getting all sorted. The estate agent was basically saying it's only a small thing and we should buy anyway but I know she isn't working for me but for the seller so I'll just leave the solicitor talk to them from now on

    That agent is really pushing the boundary of what is legal/ethical! S/he should know full well that a development needing retention permission is absolutely NOT a small thing. Also s/he should know that no solicitor would consider it being a small thing that can be ignored.


  • Options
    #20
    mickdw
    Registered Users Posts: 23,357 ✭✭✭✭mickdw


    Retention could take 6 months but for something as minor as a garage, it shouldn't.


  • Options
    #21
    Lumen
    Registered Users Posts: 31,074 ✭✭✭✭Lumen


    liam7831 wrote: »
    You won't get mortgage without the retention

    Is that really the case?

    The bank wants to know that the land has good title and that the house's value is not seriously compromised by planning issues. The worst case is that the garage doesn't get retention and needs to be knocked down, which would take a couple of hours with a digger and a skip.

    Unless the garage is fundamental to the house's value then why would the bank care?

    I'd take advice from a solicitor and then use your own judgement.


  • Advertisement
  • Options
    #22
    yurtyaherne
    Registered Users Posts: 116 ✭✭yurtyaherne


    From the date an application is lodged, a decision normally takes 8 weeks (first five weeks allow for objections etc.), it can go one of 3 ways after the decision.

    I) if permission is granted, it takes another 4/5 weeks for a final grant of permission to be issued providing there is no appeals to ABP.

    II) if refused, then exactly what it says on the tin, although the decision can be appealed to ABP.

    III) Further information may be required to make a decision, if this is the case, the applicant has 6 months (can be extended by a futher 3) to answer the planning authority's request for further information


  • Options
    #23
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    liam7831 wrote: »
    Retention will take approx 6 months

    Rubbish

    It takes the same length as a regular application approx 12 weeks

    https://www.tipperarycoco.ie/sites/default/files/Publications/A%20Guide%20to%20Planning%20Permission.pdf

    OP,
    What was the date on the site notice?


  • Options
    #24
    liam7831
    Registered Users Posts: 2,818 ✭✭✭liam7831


    BryanF wrote: »
    Rubbish

    It takes the same length as a regular application approx 12 weeks

    https://www.tipperarycoco.ie/sites/default/files/Publications/A%20Guide%20to%20Planning%20Permission.pdf

    OP,
    What was the date on the site notice?

    Your so naive, it's 12 weeks on paper you need to step in to the real world.


  • Options
    #25
    mickdw
    Registered Users Posts: 23,357 ✭✭✭✭mickdw


    liam7831 wrote: »
    BryanF wrote: »
    Rubbish

    It takes the same length as a regular application approx 12 weeks

    https://www.tipperarycoco.ie/sites/default/files/Publications/A%20Guide%20to%20Planning%20Permission.pdf

    OP,
    What was the date on the site notice?

    Your so naive, it's 12 weeks on paper you need to step in to the real world.

    To be fair, it's very possible to have a basic retention application granted after the 8 weeks without the need for further info.


  • Options
    #26
    Deise boii
    Registered Users Posts: 67 ✭✭Deise boii


    Lumen wrote: »
    Is that really the case?

    The bank wants to know that the land has good title and that the house's value is not seriously compromised by planning issues. The worst case is that the garage doesn't get retention and needs to be knocked down, which would take a couple of hours with a digger and a skip.

    Unless the garage is fundamental to the house's value then why would the bank care?

    I'd take advice from a solicitor and then use your own judgement.


    The garage is plumbed with a toilet and wired was thinking it would be a man cave/play room. It would be big enough with room for a loft too so I would imagine it would be added to the value of the house

    Me and my partner would be fairly new to all this and not really know what we are doing. I do feel that the estate agent is hiding exactly how big it is but she is going to do that because as said above she ain't in it for us. The sign only went up last week so this should drag on


  • Options
    #27
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    liam7831 wrote: »
    Your so naive, it's 12 weeks on paper you need to step in to the real world.

    Excuse me? What’s your problem?
    I’ve been submitting planning/rentention applications regularly for 20+ years.

    I went to the trouble of putting up a link to the statutory info confirming the timeframe.

    Just because you had a sh1ty rentention experience doesn’t mean Everyone else will.


Advertisement