# Non Compliant House For Sale - Planning



## Why Me? (15 Dec 2012)

We're in the process of buying a house that we know wasn't built to the approved plans. Our surveyor has pointed out the non compliant aspects of the work, but we still think the house is worth buying and have negotiated a reduction in the selling price. The vendors are now trying to obtain a Certificate of Compliance, but how can they get one if the work is non-compliant? Our solicitor says it is a necessary part of the Title. 

*My question is this: Will the vendors actually be able to sell their house without doing all the necessary work beforehand to bring it up to compliance standards?*


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## lowCO2design (15 Dec 2012)

Why Me? said:


> We're in the process of buying a house that we know wasn't built to the approved plans. Our surveyor has pointed out the non compliant aspects of the work, but we still think the house is worth buying and have negotiated a reduction in the selling price. The vendors are now trying to obtain a Certificate of Compliance, but how can they get one if the work is non-compliant? Our solicitor says it is a necessary part of the Title.
> 
> *My question is this: Will the vendors actually be able to sell their house without doing all the necessary work beforehand to bring it up to compliance standards?*


the vendor can sell, 'buyer be beware'. if it becomes your problem, will the bank lend to purchase a non-compliant asset? what happens if you wish to sell in the future, will another potential buyer be as accommodating as you?


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## SarahMc (15 Dec 2012)

They may be able to get an Architects opinion on compliance, depending on how non compliant it is.

I can't see any bank lending without such an opinion tbh. If you are a cash buyer that's fine, but you are limiting your resale pool to cash buyers also.


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## Why Me? (15 Dec 2012)

Thanks for the replies. We are cash buyers, and I take your points about restricting our resale options in the future. We plan  to put right the non compliant parts, so I imagine we shouldn't have any problems later on.


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## threebedsemi (16 Dec 2012)

The question is how 'non compliant' is it? you have two options with regard to making the property comply:
(i) Apply for planning permission to retain the non-compliant parts - there is no guarantee that the planning authority will grant you permission in this case (i.e. if the roof of the house is a metre higher than it is supposed to be in a sensitive area....).
(ii) Carry out the relevant construction works to reverse the non-compliant elements. Are you clear what the areas of non-compliance are? Have you costed reversing them?

Non compliance is a serious issue and in my experience, no solicitor is going to sign off on you buying a non-compliant property.

www.studioplustwo.com


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## Time (16 Dec 2012)

They will if it is a cash sale.


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## Why Me? (16 Dec 2012)

The non-compliant items are a mixture of planning and building control matters. Namely:


The headroom of the upper floors at 2.1m doesn't meet the 2.4m minimum requirement.
The septic tank has been sited in such a way that it isn't possible to install the percolation and filtration areas.
There's a separate garage that has been converted into living accommodation, but it doesn't have planning approval.

We've every intention of rectifying the problems and we've a good idea of how much it'll cost; the septic tank issues being the most costly. I've no idea whether we'll get planning permission to continue using the garage as a cottage, but a call to the area planning officer should give us some direction on that.

On the other hand, these things might not be insurmountable or hinder the vendors getting a Compliance Cert in which case I'm making waves where there aren't any.

I'm familiar with the way planning and building control works in the UK, in that the legislation governing the two is totally separate, but I don't know how closely the two are tied in Ireland. Can anybody shed light on that?


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## threebedsemi (17 Dec 2012)

The Building Regulations and Planning Regulations are separate areas of legislation here also (hence the need generally for two separate Certificates/Opinions). 

The property has two elements which cross over both areas (the last two on your list).

Based on your info I can't see anyone providing Opinions on Compliance without them being so full of exclusions that they are worthless.

You should carefully cost any remedial works you intend to carry out, and make sure that if you intend to apply for planning permission to retain any works, have a talk with the Local Planner at an early stage.

www.studioplustwo.com


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## bullbars (17 Dec 2012)

Why Me? said:


> The non-compliant items are a mixture of planning and building control matters. Namely:
> 
> 
> The headroom of the upper floors at 2.1m doesn't meet the 2.4m minimum requirement.
> ...




 On the second point alone I would run a mile, deposit be damned even. 
I have witnessed the "aftemath" of some one deciding they knew better than the regulations when it came to septic tanks and percolation areas. the mess and 'aroma' will never leave me.


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