Recently we have come across a large number of properties with what Conveyancing Solicitors would call “Planning Issues”.
Planning issues – buying a property in Ireland
Recently we have come across a large number of properties with what Conveyancing Solicitors would call “Planning Issues”. We again reiterate how important is it to have an experienced property expert act for you when you are buying a property. These issues, if undiscovered when buying a property, can cause untold financial and emotional stress down the line. Whilst a solicitor should have adequate insurance cover to deal with an issue they missed, it is better to have the correct property solicitor employed from the beginning to avoid this scenario. We at Cosgrove Gaynard Solicitors handle a large volume of property transactions (even in the recession!) and our extensive expertise in property law and conveyancing is renowned.
Recent planning issues we have encountered:
Often, the position is that the works fall into the category of being an “exempt development” and any issue regarding title is rectified by the vendor obtaining a certificate of exempt development from an Architect. It is important that this is discovered and requested prior to the signing of contracts though to ensure that a. the vendor covers the cost of the architect and b. the development is actually exempt as certified by a qualified architect/ engineer.
If the development is not exempt, then the only clear way to rectify the planning issue is for the vendor to obtain retention permission. The vendor may offer a declaration to confirm that the development was built over 7 years ago however it is important to note that this does not rectify the position. It merely confirms that the works were built over 7 years ago and therefore the relevant local authority cannot issue enforcement proceedings to remedy or indeed even remove the extension. Some cash buyers may be happy to buy on foot of this declaration however if bank finance is sought, the bank will usually not accept such a qualification on title. Again this is something our experienced Property Solicitors will guide you through with ease.
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