Legal status of existing structure on parent's land

[groom]

My mother bought my grandparent's land after my grandfather died a few years ago. My grandfather was a builder and built a workshop on the land in the early 80's. I presume he didn't seek planning permission for it but don't know if that is even required considering its size (single storey,small - not sure of dimensions)

I quite like this structure and I could imagine turning into a living space. Possible options would be to rent it off my mother or buy this portion of land off her. I mentioned it to her recently and she is open to possiblities. I would prefer to buy it as quite a bit of money would be needed to make it liveable

My questions are
a)what is the legal status of this structure. A friend told me that it has been around long enough (> 7 years) to be legal? I don't know what basis he has for that. Can it be bought/sold/rented?

b)if I were to buy it, it would not have direct access the main road. Could I get right of way written into a contract.

Which authority does one consult on these matters - the local counsil?

Thanks for any replies.

 

[mf1]

"Which authority does one consult on these matters - the local counsil?"

Architect or engineer with experience in the locality who will be able to advise you whether (a) you would need planning permission for (1) retention of the structure and (2) conversion to living space

Solicitor on access/ services and title

mf

 

[Dachshund]

A friend told me that it has been around long enough (> 7 years) to be legal? I don't know what basis he has for that.

It can still be illegal but immune from prosecution under planning enforcement.

Section 157 (4) of the Planning and Development Act, 2000 is the legal basis for this claim.

If you want to check for yourself, this is the list of exempted structures under the Planning and Development Regulations, 2001

Mf1's advice is perfectly correct, get it checked out by a professional, a little money spent now is worth a lot less grief in the future.

 

[Superman]

My questions are
a)what is the legal status of this structure. A friend told me that it has been around long enough (> 7 years) to be legal? I don't know what basis he has for that. Can it be bought/sold/rented?

There are 2 possibilities - either it is an exempted development (if it is less than 25 sq.m., your mother has more than 25 sq.m. of yard left over, there are no other sheds, garages etc. which take up some of this 25 sq.m. etc.)
or it is not (if it does not fall STRICTLY within the above exemption)
Even if it is not an exempted development, it has been built more than 7 years ago, which means that the Local Authority has lost the right to tell you to knock it down.
It would be difficult to get a mortgage for it etc. however, because as an unauthorised development it is subject to certain restrictions - e.g. if it burns down, you have no automatic right to rebuild it.

b)if I were to buy it, it would not have direct access the main road. Could I get right of way written into a contract.

Yes.

Which authority does one consult on these matters - the local counsil?

Firstly speak to Architect/Engineer about whether your structure is exempt.

PLEASE NOTE: You DO NOT have the right to turn the shed into living accommodation - this is a change of use. To give an anology, you cannot turn your own house into a nuclear waste reprocessing plant "because I got permission for a house".
You will require planning permission for this.
Your chances of getting this are quite likely to be in the vicinity of "slim to none" (this is without looking at the plot though - if it is quite large, you might be able).

 

[Lobby]

As a slight aside, in the event the building is over 7 years in existence, do you have to go to court to get the Co Co grant full legal status to the building or is it given de facto.

 

[Superman]

As a slight aside, in the event the building is over 7 years in existence, do you have to go to court to get the Co Co grant full legal status to the building or is it given de facto.

No, "full legal status" means permitted development.
Permitted development is by means of Planning Application.
So you must apply for Retention Permission.

The fact that the building is more than 7 years old means that Local Authority has lost the right to make you have it removed under the Statute of Limitations. (in the same way that for certain torts, if someone hasn't sued you within 7 years, they lose the right to sue you). So it is not "de-facto" legal.