# help need to sell my hse with 7 yr occupancy condtion attached



## Ange (11 Aug 2011)

hi me and my husband built our house two yrs ago i ve been living in it for yr half it is not finished internally we have split up for over a yr and both out of work i have no way of finishing the house and 1 am seriously in debt and need to sell to clear these debts asap. there is no mortgage attached to the property and it was Offaly County Council does anyone have any advice 

Ange


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## onq (11 Aug 2011)

Sorry to hear of your plight - its very unfortunate how things have turned out for you both.

I think that the issue of the house not being finished internally will affect your potential return, but that is separate to the matter of restrictive conditions.

I think there has been comment passed on AAM and Archiseek before about the unsuitability of conditions like the one you are bound by.
Such conditions were intended to restrict permissions in rural/scenic locations but they have come under serious scrutiny.
The advice of which I am aware is a report by the Law Society’s Reform Committee on the Bórd Pleanála website.

[broken link removed]

I hope this is of some help, but really you'll be throwing yourself on the mercy of the local authority.

The condition has been imposed by the planning process, thus seems it will have to be removed by the planning process.
I don't know the mechanism whereby to approach the Planners or what mechanism  they might use to remedy the matter if they wanted to.
Starting a dialogue with the Planners as early as possible seems to be one way forward - or you could talk to a solicitor, but that'll cost you money just for the talking.


ONQ.  

[broken link removed]  

All advice on AAM is remote from the situation and cannot be relied upon          as a defence or support - in and of itself - should legal  action    be      taken.
Competent legal and building professionals should be asked to advise in          Real Life with rights to inspect and issue reports on the  matters    at      hand.


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## bluemac (11 Aug 2011)

As I understand the rule you are allowed to sell the house but within the 7 years it needs to be to someone in the same situation as you ie Local Needs,

But thats the rules I am sure if you ring the council have a meeting explain the situation there will be no issues with them allowing you to sell the property to any one on the market not just local needs.


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## Dinny (11 Aug 2011)

Friend of mine is purchasing a house with similar conditions attached. The estate agent dealing with it directed the sellers on how to approach the council and it was solved very quickly, there no information requried from the couple purchasing the house at all.


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## daithi28 (11 Aug 2011)

As per bluemacs advice, contact the Planners in offaly Co.Co. and explain. I am aware that some other planning authorities will permit the sale of a house in this situation if the perspective buyers can satisfy the local needs which are in place for that restrcted area.


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## onq (12 Aug 2011)

I think this recent comment in an adjoining thread is also relevant.

http://www.askaboutmoney.com/showpost.php?p=1192838&postcount=5


ONQ.  

[broken link removed]  

All advice on AAM is remote from the situation and cannot be relied upon          as a defence or support - in and of itself - should legal  action    be      taken.
Competent legal and building professionals should be asked to advise in          Real Life with rights to inspect and issue reports on the  matters    at      hand.


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