# Parents have given me site for self build - charges to come?



## Kool (27 Jan 2010)

My parents have recently informed me that they had done the legal work on getting a site on their land signed over to me, should I ever want to do a self build.

I think that this may happen in the next few years, but I waswondering if there will be any sort of fee to pay for this 'gift' if I ever put in for planning permission, or will it just be the planning charge?

If there are any other fees/charges I will come across, I would appreciate any advice please.


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## davidoco (27 Jan 2010)

Before the expense of the legal work is done ensure that there will be some hope of getting permission on that particular site.  Quick pre planning chat  with your local planning department needed.  The last thing you want is to inherit a worthless acre.

While you might think that a particular site is suitable you may be surprised what the planning people would think.

The gift should be fine as far as CAT taxes and the need to file a return are concerned but it is no harm doing a return in any event so that the record is kept straight in Revenue.


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## Bronte (27 Jan 2010)

Kool said:


> My parents have recently informed me that they had done the legal work on getting a site on their land signed over to me, should I ever want to do a self build.
> 
> .


  Where is your title to this site?


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## onq (27 Jan 2010)

Kool said:


> My parents have recently informed me that they had done the legal work on getting a site on their land signed over to me, should I ever want to do a self build.
> 
> I think that this may happen in the next few years, but I waswondering if there will be any sort of fee to pay for this 'gift' if I ever put in for planning permission, or will it just be the planning charge?
> If there are any other fees/charges I will come across, I would appreciate any advice please.


The first sentence only seems to make sense in relation to preparatory work for you to receive the land either as a gift in love and affection, a transfer of land in sale or as an inheritance.

Otherwise I don't understand what they're saying - do you actually own the land now, are they intending to gift it or sell it to you for a nominal sum [possibly to help fund their retirement expenses].
Failing this, has this measure been undertaken by them to include a specific term in their will to ensure the land passes to you after their demise?
Since the value of land is through the floor at the moment it may fall well within the inheritance limits, but you need to check this out.

Should you take the land now and have it valued at its current value and it rises substantialy, there may be a tax implication of some sort when you come to sell it.
This may be mitigated or avoided altogether if you're selling it your sole domicile having built it and lived there for a while.
You should take professional advice on all this from a solicitor and a tax consultant.

ONQ.


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## Kool (27 Jan 2010)

To be honest I know very little on the legal side of things.

My father recently told me that the site was 'signed over to me when I want to start building'. This involved a trip to the solicitor for him. Thats all I know I'm afriad. I don't understand the legalities of this situation to be honest and just wanted to run it by the experts on here.

As for planning permission, I don't think it will be an issue as there are plenty of other properties in very close proximity that got passed ok. 

But thanks for all your feedback.


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## onq (27 Jan 2010)

Well, with so little to go on we cannot really give you much feedback apart from the above.
Can I direct you to several threads I have read on AAM where the relative had let someone build on his land but hadn't actually transferred ownership.
The general consensus was that this wasn't a good thing and could compromise any benefit the housebuilder might have expected by selling on.
Its important to establish ownership of the land before building on it, as well as any rights of way for vehicular, pedestrian and service access.
Planning might be obtained but you might get a restrictive permission relying on your link with the area and making you live there for a time.

FWIW

ONQ.

[broken link removed]


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## Kool (27 Jan 2010)

Something to add, the house will not be sold on in the future, ever !!!

The land will never leave the family, thats part of the deal.


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## becky (28 Jan 2010)

Kool said:


> Something to add, the house will not be sold on in the future, ever !!!
> The land will never leave the family, thats part of the deal.


 I got my site with a similar 'wish' from my Dad that I don't ever sell it. I own the site outright though and my mother told me to whatever I want with it. I had to go to the solictor to sign for it, there was a fee of a couple of hundred euro for this. You don't seem to have done that. Is there any reason why?


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## onq (28 Jan 2010)

Kool said:


> Something to add, the house will not be sold on in the future, ever !!!
> 
> The land will never leave the family, thats part of the deal.



What sort of deal is that? I don't mean to be insensitive or rude, but that sounds like something out of a Charles Dickens novel. I think you would be most unwise getting a mortgage to invest hundreds of thousands of Euros in building a house on a piece of land you don't fully control.

Either you are an independent adult, with full property rights over your land, able to make economic decisions that benefit you and your immediate family, or you're some sort of property slave, held in thrall by an older relative's unreasonable lease condition or covenant.

To take an extreme example, you might want to to release the equity to pay for a life saving operation for yourself, wife or child - what value will the property achieve if your potential market comprise of a cartel of family members? Not market value I suspect.

Unless your house is bought and paid for by the family, in which case it stands you nothing, I think you're be better off rejecting the offer, standing on your own two feet and investing part of your disposable income in a property of your own choice in the best location you can afford.

But as usual, this advice is made remote from the issues, in the presence of several unknowns. At the end of the day, its your decision.

ONQ.


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## Bronte (28 Jan 2010)

Kool said:


> Something to add, the house will not be sold on in the future, ever !!!
> 
> The land will never leave the family, thats part of the deal.


 
Oh dear.  One of those.  What is it with people 'giving' children land never to be sold on.   If you give you give, people shouldn't be trying to tie their children to the land or a certain place as a child may find a better path in life and should have the freedom to do so.

Once you own the site they can't prevent you from selling it.  But you can promise never to sell it if it keeps your parents happy.

Right now you don't appear to own anything.  I  know of many similar situations (a promise of a site)  with a brother in law and husband and it's now 20 or 30 years.  In my husband's case it's not going to happen as said parent is dead and with brother in law they are all fighting so he's given up.

The correct order to do things is that a site is transferred to you, this has to be done by a solicitor.  It's a legal transfer of the title from your parents of that portion of the land to you.  All taxes due at that stage should be paid, if it's for a house normally less than 1 acre it will not attact any taxes, your family solicitor should be able to advice you on avoiding the taxes.  When you own the site you apply in your name for planning.  Then you build your house.  On no account build a house on a site that your parents says is your and is not transferred to you.  No one ever ever should do this.


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## Kool (28 Jan 2010)

Bronte said:


> Oh dear.  One of those.  What is it with people 'giving' children land never to be sold on.   If you give you give, people shouldn't be trying to tie their children to the land or a certain place as a child may find a better path in life and should have the freedom to do so.
> 
> Once you own the site they can't prevent you from selling it.  But you can promise never to sell it if it keeps your parents happy.
> 
> ...



My situation seems to be baffling a few !

Basically if I was to build on this site then I would be on the family farm, and in very close proximity to all my siblings who have also build on our farm land. So my parents and all siblings would all be living together - its hardly a situation where I am going to build a house and then sell it to a complete stranger, is it?

Thats not to say that things might change years in the future. But for now, the house will be mine and built on my land. This is the bit I was looking for info on - so it appears that I still have to go to the solicitor and sign for ownership of this land. And I have just learnt that if its less than an acre then I might avoid any tax, with only solicitor fees to pay.

Thanks for all the info folks, I think we can put this one to bed.


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## Pope John 11 (29 Jan 2010)

Kool said:


> But for now, the house will be mine and built on my land.


 
Its my field, I cleared out every rock with my bear hands.......not even the yank will get hold of this field.....not quoted directly, The Field, John B. keane


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## onq (29 Jan 2010)

Kool said:


> My situation seems to be baffling a few !
> 
> Basically if I was to build on this site then I would be on the family farm, and in very close proximity to all my siblings who have also build on our farm land.



Is this one of these ribbon developments we used see all over the place as small holdings got changed into smaller family house plots all along a road? I thought they had been outlawed or something...

The trouble with such unstructured family groupings is that in-laws can become out-laws at the drop of a hat, Then you might wish to sell. As for who you're going to sell it to, you're selling it to the market. If you're not I think its called a "donation"...

Its your money.



ONQ.


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