Building New House in Existing Garden

bluepaddy

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We’ve recently secured planning permission to build a detached two bed house in our existing garden. Could anybody advise what is involved legally in splitting the garden into two separate properties/houses.

Thanks.
 
You need a land registry compliant map, marking out the site to be split into a separate folio. If you've gone through planning permission your architect / engineer should be able to provide that easily.
If you have a mortgage, you need permission from the bank to split the folio (there's a discharge form they have to complete so that they don't have a charge over the new site).
Then it's s simple application to land registry to split the folio. The architect that did your planning application should be able to do it for you. It's a very common process.
 
We’ve recently secured planning permission to build a detached two bed house in our existing garden. Could anybody advise what is involved legally in splitting the garden into two separate properties/houses.

Thanks.
Can I ask, how did this process go? and was it easy to get the permission? Did you sell the main house afterwards? Im considering something like this in the future....to downsize and be some bit mortgage free
 
The biggest issue was securing planning permission. We were told at the initial planning meeting (2010) there was no way we would get planning on the site. We tried again a few years later (2015) with a new architect. The planning personnel had also changed and we managed to get the planning over the line with a number of conditions. A lot hangs on the planning official allocated to your case. It's also important to find a architect who has been successful getting permissions in your area.

Following the successful planning application we were held up by a neighbour who appealed the decision to An Bord Pleanana. Once that appeal was rejected, we moved to tendering, and then to building the new house. Once completed we moved in and put the original house on the market. All completed now, so living in a smaller A rated house, mortgage free. It's a great option if you have a decent site to build a house on, but don't underestimate the time it could take.
 
Good for you Paddy.

There are plenty of people in similar situation that could build in their garden but don't have the appetite for such a project, fair play.
 
The architect that did your planning application should be able to do it for you. It's a very common process.

Quite surprised that the architect can do this as we need to do this also and was thinking of contacting solicitor to get a quote to have it done?

Once completed we moved in and put the original house on the market. All completed now, so living in a smaller A rated house, mortgage free. It's a great option if you have a decent site to build a house on, but don't underestimate the time it could take.

Understand that it is necessary to move into the new house and reside there for at least a year to avoid having to pay CGT? How did you manage the folio aspect?

Thanks in advance.
 
I don't think there us any requirement to live 12mts in the new house toavoid CGT.

As far as I know you could sell old house as its your PPR, might be different story if you move into the new house for short while then claim its your PPR sell it and move back into main house. Surely moving into the new house and selling old one us same as if the new house was not in the garden but somewhere else, you would have 12mts to sell it and could still be entitled to PPR relief.
 
What do you think you need a solicitor for? Curious.

Spoke to a solicitor in passing about it some time ago but have not got around to sorting it out yet. He confirmed that it would be necessary and mentioned that he would need confirmation of sewer piping layout with maps.
 
Spoke to a solicitor in passing about it some time ago but have not got around to sorting it out yet. He confirmed that it would be necessary and mentioned that he would need confirmation of sewer piping layout with maps.
I could be wrong, but unless you're transferring it into someone else's name, I cannot see why a solicitor needs to involved in splitting an existing folio into 2. Some steps are needed if there's still a mortgage on the property, as you'll need lender ti discharge their mortgage over the part you want to split.

In any event, you need an engineer / architect to produce a land registry compliant map, and they should know the process.
 
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