Kildare house built 6 years never occupied and cant be sold.

Its challenging and probably sounds odd, but laws around planning conditions are not simple & contrary to popular belief they continue to apply after 7 years. A new owner of the land/property could find themselves with a demand to comply with the original terms or to dismantle the home. Agreed that only the planners can remediate the situation but they probably won't. Councils have taken a hard line in recent years with historical planning breaches, even ones going back decades.
 
  • Like
Reactions: Leo
lff12 said:
Its challenging and probably sounds odd, but laws around planning conditions are not simple & contrary to popular belief they continue to apply after 7 years. A new owner of the land/property could find themselves with a demand to comply with the original terms or to dismantle the home. Agreed that only the planners can remediate the situation but they probably won't. Councils have taken a hard line in recent years with historical planning breaches, even ones going back decades.
Click to expand...

With the exception of the Meath mansion that's still standing seven years after the Supreme Court ordered that it be demolished!

https://www.irishlegal.com/articles...olish-house-built-without-planning-permission

And they're still thumbing their noses at the Council and the Supreme Court.

www.leinsterexpress.ie

Family makes last minute bid to prevent demolition of home built with no planning permission

A County Council has told the High Court that a couple's last-minute legal action aimed at preventing their large-sized house from being demolished amounts to "an abuse of process." The property, located outside Navan in Co Meath, was built without planning permission by plumber, Michael a...
www.leinsterexpress.ie www.leinsterexpress.ie
 
Hi Clonback.
Do you have the exact wording of this condition on the planning permission.
Also might this be an issue that could be dealt with by an architect or engineer with a certificate of planning permission compliance?
 
RichInSpirit said:
Hi Clonback.
Do you have the exact wording of this condition on the planning permission.
Also might this be an issue that could be dealt with by an architect or engineer with a certificate of planning permission compliance?
Click to expand...
Architect has submitted certificate of compliance which states in substantial compliance(standard wording).
The planning condition states house must resided in by applicant for 5 years prior to a sale.
 
I presume the owner originally had ties to the area otherwise he was unlikely to get permission in the first place. If that is the case, and given the circumstances, it's possible the council may give a right to a waiver. However I note the OP said in his post, "the council won't bend". Has there been a conversation already, what was the discussion and what was the outcome?

Worth asking if a sale to a local person from the area an option. That may impact on price achieved but it would bring the matter to a close.

OP really needs some specialist advice on this.
 
You must log in or register to reply here.
Back
Top