# Can we purchase a house with a Section 47 restriction for cash?



## greentree (14 Jun 2012)

I wonder if someone could give me some advice.

We viewed a house in Wicklow a while ago and are thinking of buying. The  only thing is that there is a section 47 planning restriction on the  house granted in 2005.

We have lived close to this house for the past 12 years but are not  local and are not employed in agriculture. This would be a cash  purchase.

Anyone know if we would be prevented from buying this?

Thanks


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## mf1 (14 Jun 2012)

Yes, you can. The real question though is whether you should. And whether you are willing to consider the consequences. 

Sub section 3 of Section 47

"(3) An agreement made under this section with any person interested in land may be enforced by the planning authority, or any body joined with it, against persons deriving title under that person in respect of that land as if the planning authority or body, as may be appropriate, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that land."

mf


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## greentree (14 Jun 2012)

mf1 said:


> "(3) An agreement made under this section with any person interested in land may be enforced by the planning authority, or any body joined with it, against persons deriving title under that person in respect of that land as if the planning authority or body, as may be appropriate, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that land."



Translation into English?!


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## lowCO2design (14 Jun 2012)

greentree
only buy the land on condition of *you* gaining *your own *planning permission


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