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Planning Permission Expiry (Ireland)

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  • 08-11-2018 12:44pm
    #1
    ammo2018
    Registered Users Posts: 2 ✭


    Hi all,
    I looking for some advice. I am currently in the process of buying a dormer-bungalow type property that is 17 years old but I found out that there wasn't planning permission obtained for the upstairs to be converted into 2 bedrooms and 2 bathrooms when the house was built. What I am wondering is - will this cause issues if I want to make any changes to the property in the future after buying it?

    From what I can see after a quick Google, after 7 years the authority cannot take legal action for not having obtained planning permission initially, however, I have a strong feeling that it could affect my ability to obtain planning permission in the future, if I want to build any additional structures which I most likely will.

    What should I do in this instance? Not buying the property is not really an option, so this suggestion would not be helpful.

    Thanks!
    Tagged:


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    #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,039 Mod ✭✭✭✭Gumbo


    ammo2018 wrote: »
    Hi all,
    I looking for some advice. I am currently in the process of buying a dormer-bungalow type property that is 17 years old but I found out that there wasn't planning permission obtained for the upstairs to be converted into 2 bedrooms and 2 bathrooms when the house was built. What I am wondering is - will this cause issues if I want to make any changes to the property in the future after buying it?

    From what I can see after a quick Google, after 7 years the authority cannot take legal action for not having obtained planning permission initially, however, I have a strong feeling that it could affect my ability to obtain planning permission in the future, if I want to build any additional structures which I most likely will.

    What should I do in this instance? Not buying the property is not really an option, so this suggestion would not be helpful.

    Thanks!

    Ignore your Google search, the 7 year rule is posted about in various forums but not fully understood by the people posting about it.

    Ask the vendor to provide the Cert of compliance with planning and building regulations which is the normal procedure in Ireland.

    If the works were internal, they may be exempt from planning.


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    #3
    troyzer
    Registered Users Posts: 6,200 ✭✭✭troyzer


    Just to ask a similar question. Our house has a front porch added on which we don't think had planning permission.

    Would we have to knock it down to sell the house?


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    #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Front porches do not require PP if they are below a certain size and height. You can contact the local authority and ask for a declaration of whether something requires permission or not.


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,039 Mod ✭✭✭✭Gumbo


    troyzer wrote: »
    Just to ask a similar question. Our house has a front porch added on which we don't think had planning permission.

    Would we have to knock it down to sell the house?

    If you want to sell, you just go out and get an opinion of Compliance with Building Regulations and an Opinion of Exemption from Planning. can cost about €500-€600 depending on who you use. (Architect/Engineer/Surveyor/Technician)
    Deleted User wrote: »
    Front porches do not require PP if they are below a certain size and height. You can contact the local authority and ask for a declaration of whether something requires permission or not.

    This will be useless if the person is selling their home, they have to pay for this Section 5 application, then they will still have to pay for the opinions of compliance so best to go straight to the Professional.


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    #6
    troyzer
    Registered Users Posts: 6,200 ✭✭✭troyzer


    kceire wrote: »
    If you want to sell, you just go out and get an opinion of Compliance with Building Regulations and an Opinion of Exemption from Planning. can cost about €500-€600 depending on who you use. (Architect/Engineer/Surveyor/Technician)

    And what happens if they say it doesn't comply and wasn't exempt?

    Would we have to knock it down before selling it?


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    #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,039 Mod ✭✭✭✭Gumbo


    troyzer wrote: »
    And what happens if they say it doesn't comply and wasn't exempt?

    Would we have to knock it down before selling it?

    Apply for Retention Permission.


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    #8
    troyzer
    Registered Users Posts: 6,200 ✭✭✭troyzer


    kceire wrote: »
    Apply for Retention Permission.

    Is that the seven year rule thing?

    I'm clueless about this.


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    #9
    ammo2018
    Registered Users Posts: 2 ✭ammo2018


    If anyone has thoughts on my original specific query can you let me know please?

    Thanks.


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    #10
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    To the OP. Some attic conversions require planning, others don't. Get the vendor to either provide a letter from a professional saying it is exempt or alternatively get the vendor to regularise the situation and provide evidence from a professional that the house is compliant with both planning and building regulations. Don't buy it until you have those evidences.

    This is a business transaction and you can't let your heart rule your head. Banks won't lend to buy non compliant properties and even if this doesn't affect your purchase it may prevent future sale or cause problems if you leave the house to your children. It may also affect any future works you plan.


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    #11
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    To the guy with the porch - retention permission is a planning application asking permission to keep something you built without planning in the first place.

    Nothing to do with the much misunderstood so called seven year rule - which in some cases may mean the council can't make you knock it. That still wouldn't make it compliant however. Also note the use of the word "some".


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    #12
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,039 Mod ✭✭✭✭Gumbo


    troyzer wrote: »
    Is that the seven year rule thing?

    I'm clueless about this.

    No. You apply for Permission now to keep the structure you built previously without planning.
    ammo2018 wrote: »
    If anyone has thoughts on my original specific query can you let me know please?

    Thanks.

    I answered this in Post No. 2. You get the vendor to provide certificates/opinions of compliance or they regularize the situation.


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    #13
    looksee
    Registered Users Posts: 28,344 ✭✭✭✭looksee


    I recently sold a house that had had several bits of work done over the years, mostly before I bought it 30 years ago. I had to apply for retention, or as stated above a certificate of exemption. All of these were granted no problem, though I doubt one aspect of the job would have got planning permission if it had been applied for now. The purchasers solicitor even (at the last minute) insisted on an exemption cert for a small wooden shed that clearly was not in any way subject to planning. As stated above, the buyers bank and solicitor would be unlikely to accept a purchase that had planning issues.


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