# planning enurement clause - 10 years - help



## sas2629 (13 Nov 2009)

just wondering if anyone has bought a house with a 10 year enuremant clause on it ? i want to buy a house in claregalway that has a 10 year resale clause on it .,. ie i can only resell in next 10 years if i can prove i NEED to move and then find a 1 returning emigrant 2 local person 3 someone involved in agriculture or 4 someone with a housing need to sell it to. i am a first time buyer (27) and afraid that this means i will be completely tied to the house for ten years though i have no idea what my situation will be in 3 years let alone 10 ! i have been advised it is on many developed properties ( ie 90%) outside city centers. Advice?


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## onq (13 Nov 2009)

This kind of clause used to be imposed on applicants to prevent speculation involving houses that only got permission because it was a family member on the parents' land.
The applicant had ot deminstrate a local need to be in the area or show a connection etc.
I haven't advised before on new developments that have been granted supported by a similar clause.
I presume the house is a new house?
Regardless of this, the enforceability or otherwise of this kind of clause was looked at critically when it was first used, since it didn't seem to be well-grounded in law.
However many's the house whose occupant is still living on Daddy or Mammy's bit of land in the house they proved they needed to live in, so somethings right.
I think you should possible seek legal advice on this, since the planning is through and the house presumably is built.
I think your question needs a good solicitor and perhaps a legal opinion to determine case law - the onerous requirements in terms of the persons to whom you cna sell it seem completely unenforceable, discriminatory and quite possibly unconstitutional.
That's the tack I'd take if I were you instructing your solicitor.

HTH

ONQ.


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## sarah2629 (13 Nov 2009)

hi thanks for the reply...

the house is a one off developers house in a fairly rural area - though there is a good few other half built houses not far away. 
the clause is crazy restrictive and in speaking to the planning office in galway co council they say it is in place and there is no lifting it. given the state of the market i cant understand why planning would want to put off 1st time buyers with such restrictions. our solicitor has also spoken to the council and gotten the same reply ... 

grrr


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## onq (13 Nov 2009)

sarah2629 said:


> hi thanks for the reply...
> 
> the house is a one off developers house in a fairly rural area - though there is a good few other half built houses not far away.
> the clause is crazy restrictive and in speaking to the planning office in galway co council they say it is in place and there is no lifting it. given the state of the market i cant understand why planning would want to put off 1st time buyers with such restrictions. our solicitor has also spoken to the council and gotten the same reply ...
> ...



Sarah,

Is this the done thing in your area now in terms of one-off development?
I don' mean this as a bash-the-council comment, I just want to find out what the story is.
Because I fail to understand how the developer can be selling the house.
Surely HE is the one who has to live in it or find a buyer with the stringent requirements you listed above.
Is it that you meet one of those requirements yourself?

I don't think there is case law challenging the conditioning of these onerous requirements yet - but I'm not an expert in the law, so there may be.
I think you are right to be concerned, but I've just heard a woman on the Late Late show saying she bought her house for over €200K and down the road a builder is selling new houses for under €90K.

Surely you have alternative choices available to you that would allow you to walk away from this restrictive deal?
<I know that wasn't what you asked, but its the kind of tough love that's sometimes offered here >
Its a buyers market - if it doesn't suit, find another house.

HTH

ONQ.


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