Kildare house built 6 years never occupied and cant be sold.
- Thread starter Clonback
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T McGibney
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I can't make head nor tail of your query as it is written.
Some context or extra detail (eg what have the council to do with the sale of a private house?) might help.
Some context or extra detail (eg what have the council to do with the sale of a private house?) might help.
The Co Council granted the permission to build a private dwelling with a condition that it had to be occupied by owner for 5 years prior to any sale.The property is not mortgaged.
T McGibney
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Sounds unenforceable if the condition didn't allow for force majeure.
The owner or their representative needs legal advice.
IANAL.
It appears this condition is in many planning permissions in rural Ireland to prevent speculative development.Nobody will buy with that type of condition unless a cash buyer who ignores their legal advisors.
How does the Council know the person is not living in the property?
Was the property rented out or unoccupied? Was it the principal private residence for the owner? Utility bills in their name?
Worth stressing the latter point to the Council but perhaps you have already.
Was the property rented out or unoccupied? Was it the principal private residence for the owner? Utility bills in their name?
Worth stressing the latter point to the Council but perhaps you have already.
T McGibney
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I can only repeat my observation above.
If it's unenforceable, it's meaningless.
But surely the Council must be able to vary that condition in the event that an owner dies before the five years is up. So there must be a precedent somewhere. Time to talk to an experienced, intelligent county councillor who can discuss with the County Manager..
The property was never occupied or rented as the owner planned to use it as his PPR.The Council are aware its not occupied as the owner asked them to delete this particular condition but they refused.
Can the owner produce medical certificates dating to when the house was first ready for occupation? Because if not, then he has a bit of explaining to do.
thedaddyman
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its a perfectly standard clause that most county councils put in their agreement for once off rural housing. Mortgage etc is irrelevant. In addition, the fact that he asked for it to be removed is also irrelevant based on the information provided.
I'd suggest a conversation with a solicitor, there must be exceptions to the rule to allow for death, forec majeure, fair deal etc. Alternatively, it is another headache for a probate solicitor to deal with in the future
I'd suggest a conversation with a solicitor, there must be exceptions to the rule to allow for death, forec majeure, fair deal etc. Alternatively, it is another headache for a probate solicitor to deal with in the future
He has spoken to a few solicitors and they feel it can only be sorted by the planners.In fact if he had it mortgaged and went into default a bank could sell with good title.Seems unbelievable.
From my lending days though when a condition like this was on planning permission we had to get a letter from the council saying that in the event of reposession the bank could sell. Banks wouldn't lend without it as it couldn't be sold except in most cases to someone else with a local need but if no mortgage then that's different!
Any chance that the Council would consider buying it from him?
Good point but the property is standing him c. 900k so may not interest Council.Worth a try.
As most other avenues have been traveled have you tried the recommendation given by Marsupial? Elections pending and all that type of stuff.
Brendan Burgess
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Are you sure that the house has not been occupied by the owner?
Did they own another house?
Have they been in hospital for the last 5 years?
I presume that "occupied" does not mean living there every night of the last 5 years.
But if they owned another house and built it as an investment, then that is their lookout.
But if it's their only home, they probably meet the condition.
Brendan
The house was built as a retirement home and has been lived in periodically over the last few years.He has a PPR in another county(beside a hospital) and is under cancer treatment for a few years.
Brendan Burgess
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I can certainly see why they would not allow it to be sold if he has another home.
Brendan
Brendan
Yes but an empty house in the current housing crisis solves nothing.