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Selling a property without Planning Permission

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Comments

  • Registered Users, Registered Users 2 Posts: 39,505 ✭✭✭✭Mellor


    This is terrible advice. In absolute no circumstance should the OP be applying for retention.

    What sweeping statement are you referring to.

    If they can't find a planning file, its perfectly reasonably to state that. It would be strange if they didnt tbh.

    I'm not sure I follow the issue here. What are you suggesting the solicitor is condoning? The declaration was made, it is included in the contract. There is nothing fraudulent with that per se. It's up to the buyer to assign a value to that declaration. Personally, I know what I'd assign.

    This is all really a straightforward decision for the buyer. Either;

    1. They walk away
    2. They insist the vendor gets retention
    3. They accept the risk, and adjust the offering accordingly


  • Registered Users, Registered Users 2 Posts: 39,505 ✭✭✭✭Mellor


    A commercial venture, they the intention is a short term flip is going to be more risky for the bank. An owner occupier is less risk, as they will hold it for longer typically.

    @JimmyVik got the mortage without issue as the loan reflected the value. Banks couldn't care whether a property has planning or not. Post saying "impossible to mortgage" miles off the mark. Banks just won't be interested in paying full price for a house that comes with inherent risk. Why would they, its paying over the value.



  • Registered Users, Registered Users 2 Posts: 3,765 ✭✭✭C3PO


    OP - what exactly is your issue? I’m struggling to see what you’re getting at?



  • Registered Users, Registered Users 2 Posts: 19,970 ✭✭✭✭Donald Trump



    The advice to the OP regarding applying for retention was based off the initial impression that the OP was selling the property. They'd have to own it to apply for that!



  • Registered Users, Registered Users 2 Posts: 46,196 ✭✭✭✭muffler


    No, they wouldnt have to own the property. They could apply for retention providing they have a letter of consent from the registered owner consenting to the said application.



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  • Registered Users, Registered Users 2 Posts: 19,970 ✭✭✭✭Donald Trump


    Well you can do that in general for planning permission alright but why would you bother?

    You'd be a bit thick to go and pay the application fee to regularize someone else's planning deficiency and then they might either turn around and sell it to someone else, or demand more money. If you bought it subject to it becoming regularized then maybe. But other than that you wouldn't do it. And the seller wouldn't want to sell it to you on that basis anyway. Because if you didn't regularise it, you'd get your money back but the buyer could be an unwanted tenant.



  • Registered Users, Registered Users 2 Posts: 39,505 ✭✭✭✭Mellor


    I think it was pretty clear from the start that the OP was not the seller. Certainly by the time that post was made.

    As above they could apply for retention without being the owner. But they’d be mad to imo.



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