Help Sell house with 10 year Planning Clause

i don't think this clause has as much weight if the bank are re-possessing..this is the condition which was placed on my planning grant and you'll see by the final sentence it allows for such a case as you find yourself in, i believe.



1. (1) The proposed dwelling, when completed, shall be first occupied as a place of permanent residence by the applicant, members of the applicant’s immediate family or their heirs, and shall remain so occupied for a period of at least seven years thereafte2, unless consent is granted by the planning authority for its occupation by other persons who belong to the same category of housing need as the applicant. The applicant shall enter into a written agreement with the plajning authority under section 47 of the Planning and Development Act, 2000 to this effect.

(2) Within two months of the occupation of the proposed dwelling, the applicant shall submit to the planning authority a written statement of confirmation of the first occupation of the dwelling in accordance with paragraph (1) and the date of such occupation.

This condition shall not affect the sale of the dwelling by a mortgagee in possession or by any person deriving title from such a sale.

I think there are quite a few variations depending on the county council involved. My clause has no reference housing need and is not based on "family land". It applies to a house built by a developer and sold on the open market with the only condition being that the 1st owner/ occupier is not allowed to rent or sell for a period of 10 years.

As such it does not contain any of the paragraphs listed above.

I have a similar stipulation myself only mine is for 20 years, not 10. Further in the contract it stipulates that the land I purchased was at a reduced rate and I can sell PRIOR to the expiry period providing I pay a 'clawback'.

I would suggest that you take your contract to a solicitor for additional clarification to see if there is something similar in your contract. If there is...happy days - at least you can sell. If not then why not approach the Council about it first - the worst thing that they can say is no.