Planning permission, and planning issues, when buying property in Ireland - the essentials

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Terry Gorry Solicitor

Terry Gorry Solicitor

2 жыл бұрын

This video looks at the planning laws in Ireland as they may affect you when buying or selling a property.
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Пікірлер: 24
@SilentEire
@SilentEire 2 жыл бұрын
I’m a student, studying urban planning in TU Dublin. Great video explaining the topic 👌 In my opinion though our system is woefully outdated and needs to be revamped
@tooncutter5805
@tooncutter5805 2 жыл бұрын
Thanks for posting this, it's very helpful.
@ministry_of_love
@ministry_of_love 2 жыл бұрын
Excellent video Terry. You outlined the planning exemptions on buildings built before 1963 based on the Planning Act 1963. As you rightfully pointed out, it may be the case that the certain buildings built pre 1963 may not be exempt of planning. One of those exceptions would be buildings located in an area of historical/architectural heritage, like a city centre location. The local authorities usually have some documentation which outlines their areas of historical or architectural heritage. For instance they may have a masterplan vision for an area which may which may outline this.
@terrygorry
@terrygorry 2 жыл бұрын
I didn't say anything pre 63 was not exempt, it is. Post 63 development will require permission, however, even if the original building was exempt or more accurately predated the planning laws.
@ministry_of_love
@ministry_of_love 2 жыл бұрын
@@terrygorry Apologies for my misinterpretation.
@DKKennedy25
@DKKennedy25 2 жыл бұрын
I'd love to hear about the Pre-Build homes, options and issues, I see them getting popular, They probably would come under option 2 as they would be built by a contractor and labour and with architectural specs.
@user-tg8mz3vg9y
@user-tg8mz3vg9y 9 ай бұрын
Thank you for the video. I have a question if you could help please. I bought a house 1 year ago, through a bank with a mortgage. Of course, to get a mortgage, all issues around site/planning must be investigated and ticked off prior to drawdown. This was the case, and no issues were flagged by my solicitor or by the valuer who acted on behalf of the bank. Fast forward 1 year, I have tried to sell the property and issues around planning for the waste water treatment system and extensions (3no.) came out of the woodwork. There was no planning for same. The original house was bult pre 1963 however the extensions & waste system were added the 80s and 90s. This has cost me two prospective buyers who offered and later pulled out on this basis. I have now got planning retention granted and sold the property but with major costs in terms of sale price and cost of retention. Who is liable here and should this be pursued?
@ministry_of_love
@ministry_of_love 2 жыл бұрын
It may be the case that planning laws and regulations in this country could be considered quite strong. However, the challenge would be in their implementation. Based on my experience, builders and developers are quite astute at recognising this. As a consequence, they may consider circumventing the planning laws by adding extensions or significant external alterations to buildings without submitting a planning application. The strategy among some seems to be in the first instance: "Ask for forgiveness, not for permission". I have observed a situation where a builder purchased a pre 1963 building in an area of a city's historic heritage. They added an extension to the attic to incorporate windows. As a consequence, one of the windows significantly impacted on the privacy and security of the neighbouring dwelling. Following the submission of a complaint to the Planning authority, the complaint was upheld and an enforcement issued. This enforcement enabled the builder to retain all aspects of their external alterations, including the incriminating window, subject to reducing the size of the said window and incorporating a frosted pane. The builder failed to carry out the conditions of enforcement. Between the jigs and the reels, they sold on their property and retention was granted without complete enforcement. The strategy of asking for forgiveness not permission, in this instance, worked well.
@terrygorry
@terrygorry 2 жыл бұрын
Thanks for the comprehensive comment 👍
@johncarrigan9352
@johncarrigan9352 Жыл бұрын
But if the seven years are up, the structure cant be knocked and even if its sold on, it cant be knocked....so whats the big deal if they cant get retention?
@maccasmgg123
@maccasmgg123 2 жыл бұрын
Hi Terry thanks a million for the video. Im in a semi detached home in a housing estate. We are looking to buy a garden cabin under the 25metre square regulation and height regulation. The only thing im not sure on the rules is the wording of extending beyond the property line would you know what this means or do you think this little cabin would be exempt? It also will not be used for use as in a living space etc that would stop it just a storage gym office space thanks for any tips
@terrygorry
@terrygorry 2 жыл бұрын
You would want to speak to an architect/engineer who would be clued in on the exemptions, regulations etc.
@turbinelife
@turbinelife 2 жыл бұрын
Hi Terry, my wife and I have bid on a property bit have since discovered that the partial attic conversion "might" be off plan. We would be intending to purchase this property with a mortgage, if it transpires that the property has indeed had work done without planning, would we be able to purchase this with a mortgage and request planning approval at a later date?
@terrygorry
@terrygorry 2 жыл бұрын
Your solicitor will probably look for the bank's agreement. They may not give it as there is no certainty about retention permission.
@shaunhennessy603
@shaunhennessy603 2 жыл бұрын
When a homeowner carries out Renovations to their own property do they need building control certificates for certain works? If so what works can you do yourself and apart from gas plumbing and electrics what work can't you do yourself? Thanks Shaun
@terrygorry
@terrygorry 2 жыл бұрын
Yes
@keelinbyrne3673
@keelinbyrne3673 2 жыл бұрын
If I want to change plans of the dwelling after the permission has been granted. How big a job is that?
@terrygorry
@terrygorry 2 жыл бұрын
It's another application, I believe, unless it is a minor change and exempt.. Check with your architect.
@richardthomas7103
@richardthomas7103 2 жыл бұрын
What does it say on that mug ? Something about the dogs bark ?
@terrygorry
@terrygorry 2 жыл бұрын
The Dogs Bark but the Caravan Moves On 😉
@CLCLTD
@CLCLTD 3 ай бұрын
Do you need planning permission to renovate a house
@terrygorry
@terrygorry 3 ай бұрын
Depends what works you do
@user-tg8mz3vg9y
@user-tg8mz3vg9y 9 ай бұрын
Thank you for the video. I have a question if you could help please. I bought a house 1 year ago, through a bank with a mortgage. Of course, to get a mortgage, all issues around site/planning must be investigated and ticked off prior to drawdown. This was the case, and no issues were flagged by my solicitor or by the valuer who acted on behalf of the bank. Fast forward 1 year, I have tried to sell the property and issues around planning for the waste water treatment system and extensions (3no.) came out of the woodwork. There was no planning for same. The original house was bult pre 1963 however the extensions & waste system were added the 80s and 90s. This has cost me two prospective buyers who offered and later pulled out on this basis. I have now got planning retention granted and sold the property but with major costs in terms of sale price and cost of retention. Who is liable here and should this be pursued?
@terrygorry
@terrygorry 9 ай бұрын
Arrange a consultation if you want legal advice, I do not give free legal advice on KZfaq.
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