Planning Search about be affected any public matters or Not

Henry Ngo

Hi community,

I have just a sale agreed for a house in Esker, Lucan, Co.Dublin. It was built in 1998.

My solicitor recommended that I need to do "Planning Search in the Planning Department of the local Authority to ensure that the property is not affected by any public matters such as compulsory purchase or road widening or location relative to a proposed major road".

However, I am not Irish and I don't know how to do it.

I accessed the South Dublin County Council (SDCC) website (sdcc.ie/en/services/planning/development-plan/plan-2016-2022/) to download the 2016-2022 Developmen Plan for Lucan.
In the development plan, the Zone of the house belongs to Objective RES (i.e. To protect and/or improve residential amenity). And I don't see any information on the house.

Besides, aslo search the house in SDCC Planning Maps Online (sdublincoco.maps.arcgis.com...).
In the maps online, the house doesn't have any Planning_Register (which is presented by blue border lines).

I don't know how can we know the house is affected by any public matters or Not?

Thanks,

L1011

Your solicitor should be doing the planning search (and charging you for it).

Henry Ngo

L1011 wrote: »

Your solicitor should be doing the planning search (and charging you for it).

I requested my solicitor do the planning search. But he doesn't assist this service.

L1011

You need a different solicitor. Any solicitor that does property conveyancing as a normal part of their job will do this.

athlone573

When I was buying a property I visited the corporation offices on wood Quay, planning office downstairs, they pulled out a massive sheet of paper (map) with all the planning applications for the area marked on it. It's probably online now. Looking at the local area development plan, and any reservations for new rail lines or motorways etc, would be a good idea also.

I don't think this is something your solicitor usually does, they will check that the planning situation for your particular property is in order (by looking at the deeds and certs of compliance) but anything beyond that is usually on you.

athlone573

L1011 wrote: »

You need a different solicitor. Any solicitor that does property conveyancing as a normal part of their job will do this.

I really don't think this is true. Some may, others will advise you to do it yourself.

L1011

athlone573 wrote: »

I really don't think this is true. Some may, others will advise you to do it yourself.

I wouldn't even considering using one that won't do it (or facilitate paying a third party searcher). Its a very important part of the process; telling the client to do it themselves is a dereliction of duty.

athlone573

L1011 wrote: »

I wouldn't even considering using one that won't do it (or facilitate paying a third party searcher). Its a very important part of the process; telling the client to do it themselves is a dereliction of duty.

You learn something new every day. I didn't know third party planning searchers were a thing.

L1011

athlone573 wrote: »

You learn something new every day. I didn't know third party planning searchers were a thing.

The trade is "law searcher", but planning and land titles would be their main business. Google will find you numerous Irish firms doing it.

If a solicitor just doesn't do it they really, really should be telling you where you can find someone who does - not just telling you to do it yourself. I know a lot about the planning system and I wouldn't trust myself to do it. You don't go to a solicitor to be told to go and do a complex thing yourself!

elperello

athlone573 wrote: »

You learn something new every day. I didn't know third party planning searchers were a thing.

Yes solicitors usually farm out the searching to companies or individuals who provide the service.

A normal planning search will only cover the property itself though.

Henry Ngo

athlone573 wrote: »

Looking at the local area development plan, and any reservations for new rail lines or motorways etc, would be a good idea also.

Thanks Athlone, in the development pland 2016-2022 of Lucan, I don't see any plan related to the house.

In fact, I have not yet discussed this problem to the solicitor. I only meet an admin of the solicitor company. The company will assign a specific solicitor to me next week. I should ask the solicitor about that next week.

Henry Ngo

L1011 wrote: »

You need a different solicitor. Any solicitor that does property conveyancing as a normal part of their job will do this.

Thanks L1011. In fact, I have just discussed this problem to the admin of the solicitor company, not yet met the specific solicitor. I will ask the specific solicitor about that.

Gumbo

Engaging a Building Surveyor would be an option too.

Henry Ngo

athlone573 wrote: »

You learn something new every day. I didn't know third party planning searchers were a thing.

About 4 years ago, this forum also had a topic about Planning Search, boards.ie/vbulletin/showthread.php?p=104807228
Gumbo and s4uv3 aslo said that we can do Planning Search online through planning maps and planning search. But they had not yet said how view and determine about my problem.

FromADistance

L1011 wrote: »

I wouldn't even considering using one that won't do it (or facilitate paying a third party searcher). Its a very important part of the process; telling the client to do it themselves is a dereliction of duty.

Totally agreed however most people wouldn't know and would trust what they're being told. I know someone who, had they not enquired themselves about the planning history of a property & knew what to look for despite having been told by the solicitor all was ok, would have purchased a property with no planning for an extension. Some solicitors are lazy f**ks who want to do as little as possible for the highest possible fee they can get away with.

elperello

Henry Ngo wrote: »

About 4 years ago, this forum also had a topic about Planning Search, boards.ie/vbulletin/showthread.php?p=104807228
Gumbo and s4uv3 aslo said that we can do Planning Search online through planning maps and planning search. But they had not yet said how view and determine about my problem.

Is the house part of an estate?

If so the planning permission reference number will be for the entire estate and not just the one you are buying.

athlone573

FromADistance wrote: »

Totally agreed however most people wouldn't know and would trust what they're being told. I know someone who, had they not enquired themselves about the planning history of a property & knew what to look for despite having been told by the solicitor all was ok, would have purchased a property with no planning for an extension. Some solicitors are lazy f**ks who want to do as little as possible for the highest possible fee they can get away with.

Can we be clear about the difference between :
A planning search on the property itself, which every solicitor will do (or outsource), and
A search of the surrounding area for potential developments, already applied for or potential future under the local plan (e.g. new road or big block of flats) which may not *directly* affect the property but can have unwanted impacts).

Edit "should do" not "will do"!

elperello

athlone573 wrote: »

Can we be clear about the difference between :
A planning search on the property itself, which every solicitor will do (or outsource), and
A search of the surrounding area for potential developments, already applied for or potential future under the local plan (e.g. new road or big block of flats) which may not *directly* affect the property but can have unwanted impacts).

Yes that is an important distinction.

The search on the property itself to ensure that it is compliant with planning is a normal part of conveyancing.

The broader question of whether something may be developed in the general area in the future which may not suit the buyer is a different issue.

Henry Ngo

elperello wrote: »

Is the house part of an estate?

I don't understand clearly about this sentence. The house is a Semi-D and belongs to Esker Area. There are many houses being around, besides and behind it.

Henry Ngo

elperello wrote: »

Yes that is an important distinction.

The search on the property itself to ensure that it is compliant with planning is a normal part of conveyancing.

The broader question of whether something may be developed in the general area in the future which may not suit the buyer is a different issue.

I am worry about whether something may be developed in the future which will affect directly to the property, such as:
+ There is a new road passing the property (will need to clear the property).
+ Or the city will clear the property (and some near properties) to build a new building or school.

Should the solicitor do this searching or not?

elperello

Henry Ngo wrote: »

I don't understand clearly about this sentence. The house is a Semi-D and belongs to Esker Area. There are many houses being around, besides and behind it.

It sounds like what is called a housing estate. A number of houses built at the same time and sold to individual buyers. There will usually be one planning permission granted for all the houses.

Henry Ngo wrote: »

I am worry about whether something may be developed in the future which will affect directly to the property, such as:
+ There is a new road passing the property (will need to clear the property).
+ Or the city will clear the property (and some near properties) to build a new building or school.

Should the solicitor do this searching or not?

Unless there is an existing compulsory purchase order applying to the property you can't say with any certainty what may happen in the future.

It is unlikely that the house will be compulsorily purchased but not impossible. If it is you will be compensated.

The solicitor cannot guarantee you on something which may happen.

Henry Ngo

elperello wrote: »

It is unlikely that the house will be compulsorily purchased but not impossible. If it is you will be compensated.

If the city council (in Ireland) compulsorily purchase a house, will they compensate with the market price?
I know there are some countries, they only compensate about 20% to 50% of the market price of the house.

How can we know that at the moment, are there any granted plan which will affect directly to the house, (the granted plan has not yet implemented and will do in the near future)?

L1011

Market price and costs.

Its also extremely rare and even rarer in a housing estate - only occasionally do they buy derelict abandoned houses in estates. They would not target estates to build schools or similar and generally roads are routed to have the lowest number of demolitions possible.

athlone573

I agree it would be unlikely (but not impossible) for a suburban house in an "estate" to be impacted by large scale development, and if it needed to be Compulsory Purchased, fair compensation is paid.

There are situations though (such as the apartments above Marckiewicz pool on Pearse Street) where they will need to knocked to build an underground metro and I'm not sure how obvious this would be just by looking at the property deeds.

elperello

Henry Ngo wrote: »

If the city council (in Ireland) compulsorily purchase a house, will they compensate with the market price?
I know there are some countries, they only compensate about 20% to 50% of the market price of the house.

How can we know that at the moment, are there any granted plan which will affect directly to the house, (the granted plan has not yet implemented and will do in the near future)?

In addition to the other replies to your query you could check out this useful link

https://www.citizensinformation.ie/en/housing/losing_your_home/compulsory_purchase_and_compensation.html

Good luck with your house.