Estate agent selling property without planning permission

nerrad01

Hi folks, wondering if an estate agent can sell a property with a "flat" to rear without planning. The same estate agent owns the property and previously had people wedged into the existing house and coverted shed illegally of course. Reported to council who started action, they are now selling the property and advertised as it having a 2 bed flat to rear.

No planning permission for same, i assume it wouldnt get a mortgage but a cash buyer can purchase regardless? Any way of stopping future buyer doing the same thing? we had so much anti social behaviour so not keen for the same thing to happen

C3PO

No reason why he shouldn’t sell it, as far as I know, as long as he’s not making false representations. Lots of houses are sold with non-compliant extensions.

Mellor

https://www.boards.ie/discussion/2058358085/estate-agent-selling-property-without-planning-permission

The owner sells a property, the fact they are an estate agent is irrelevant. If the owner wants to sell, their agent does so under their instruction.

The property exists, and can be sold. Planning issues and all. The new buyer will inherit the issues also. If those issues include enforcement action, then they are buying flat that won't be there much longer.

Whether a bank will give a mortgage is up to the bank. If the loan amount was still less than the value of the house alone, ie if the flat wasn't there, they may still lend. Cash buyer can do as they like. A future buyer can do the same, and the council would presumably treat it the same and enforce removal

Gusser09

Haha. "Wont be there much longer"

It'll be there forever.

OP can you post the listing?

Furze99

https://www.boards.ie/discussion/2058358085/estate-agent-selling-property-without-planning-permission

They can advertise it and sell it at whatever price they want. But someone would be foolish to buy unless this issue is notably factored into the price.

nerrad01

what is the relevant planning section that excluded this if anyone would know?

muffler

https://www.boards.ie/discussion/comment/122372823#Comment_122372823

Excluded what? And are you talking about excluded or exempted?

Mellor

https://www.boards.ie/discussion/comment/122372823#Comment_122372823

Excluded what?

Selling a house is a property transaction. Planning has nothing to do with it.