Planning permission on inherited house

E

Eithneangela

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As the executor for my mother's will, which involves selling what was the family home, I have been asked for the Planning Documents (a kitchen extension was put up more than 30 years ago for which planning permission was obtained at the time) and a green Transfer Order. Unfortunately, no planning documents have been located and I don't know what the green Transfer Order is. Does anybody know if I can backtrace planning documentation (Dublin City Council) and what that green document is all about?
 
You can try and find the planning documents by checking with the Planning Department of Dublin City Council. They may or may not still have them at this stage.

If they have them, you will still need an architect/engineer to certify that the works were done in accordance with same and with Building Bye Laws.

If they don't have them, then you need to go back to the solicitor and explain the difficulty. They will advise you as to the implications and what steps, if any, you can take.

The Transfer Order ( Transfer from Dublin City Council to parents) should be with the Title Deeds. Again, if you cannot locate it, tell the solicitor and they will advise you.

mf
 
Some record should remain, even if its only a card stating the plan number and description.
The description of the development may offer enough to go on for an architect to offer a certificate.

A better bet might be to talk to the original architect who obtained the permission, assuming he's still around.
It may be possible for another architect to offer a letter of comfort confirming the works are free from enforcement action.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
Many thanks for the responses. As it was over 30 years ago, unfortunately not only does no documentation exist, but none of the family know who was involved in the design etc. So, I'll start with Dublin City Council.
 
Can I hopefully close this thread and let you know that I contacted both Dublin City Council and the Dept of the Environment re this matter. I had response emails from both within the hour. DCC actually have all the reference details of the planning request (dated 1978) and Dept of Environment official tells me that probably don't need planning documentation because the max size of extensions such as ours has increased substantially over the years and that perhaps all that is required is a certified statement from an architect that the kitchen extension is less than 40 sq metres. Next step, find that architect. :D
 
The DOE official is incorrect as fare as I know.

If something is applied for, this supersedes the exempted development schedule that may apply and the part applied for must comply with the permission.
Even if there were some merit to the argument, the exempted development limit would be the older 23 sq m area if I recall correctly, not the current 40 sq m limit.

Getting copies of the drawings, commissioning an inspection of the building and obtaining an architect's certificate is the preferred route.
Alternatively a letter of comfort confirming regarding enforcement action could be issued.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
Thank you, Onq. I've had measures taken and as the extension is only 26 sq metres I'm hoping that sanity applies.
 
Hi eithneangela,

I have a figure of 23 sq.m. in my head based on memory, so you may be over the allowable area, but this may be the reason why permission was sought.

Find the plans and seek an Opinion of Compliance with Planning Permission. This exposes the architect to liability if he is wrong, but is a straightforward operation if the plans and building are in accord.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matter at hand.
 
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