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Change of use/Living in holiday home

  • 25-08-2019 11:25am
    #1
    kylith
    Registered Users, Registered Users 2 Posts: 17,736 ✭✭✭✭


    OH and I have recently gone sale agreed on a house in an estate in Wexford. All delighted, needs some minor work doing but nothing unmanageable. Now our solicitor has told us that the PP for the estate says 'Holiday homes' and we should apply for a change of use. OH is stressing that we'll have issues if that's refused, not able to live there, not able to make our money back selling, and be due for capital gains tax if we sell even though it's our primary residence. The solicitor says that it doesn't look like other houses in the estate have applied for this, but I know for a fact that people are resident there year round. I'm of the opinion that we should move, then apply for the change. The PP does not say that it is exclusively for holiday homes.

    We're getting a lot of conflicting advice from family; from throwing the whole thing over and buying elsewhere to 'sure be grand, no need to do anything'. Any advice?


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,803 Mod ✭✭✭✭Gumbo


    Can you throw a link up to the parent planning for the estate.

    If the planning mentions nothing about holiday use then what’s the problem?
    You’d also have to check the wording of the planning.


  • #3
    alias no.9
    Registered Users, Registered Users 2 Posts: 6,339 ✭✭✭alias no.9


    Planning enforcement would be unlikely without some kind of complaint to draw attention to the situation. Your immediate worries will be around the drawdown of any mortgage if the bank queries the planning status.


  • #4
    Muahahaha
    Registered Users, Registered Users 2 Posts: 19,688 ✭✭✭✭Muahahaha


    OP has the vendor been living there full time? If so ask your solicitor about requesting a statutory declaration from the vendor that there have been no notices on planning during their ownership. If for some reason the council decided to later initiate enforcement that declaration would be very valuable to have. Also AFAIK they have 6 years to initiate proceedings but check this and the implications of it with your solicitor.

    Other than that your bank/mortgage could be the problem (presuming you're getting a mortgage here). The solicitor has to certify the title to the bank and they could refuse to do so on the basis of the planning not being 100% in order. If they refuse to certify title then the bank would likely pull the mortgage.

    Another problem is the vendor would have to apply for change of use to the council as they are the current owner. This could hold up the sale for some time while the application is being processed, if the vendor needs a quick sale they could pull out at a request to apply for planning. You should sweeten it by offering to pay for a professional to take care of all the necessary paperwork and procedures.


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