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I doubt you'll any any problems, BUT as i said above go ask the local area planner! they are queit approachable, and at the end of the day, your building doesn't have the correct permits and thats not your fault its the seller, so its their problem not yoursThanks very much for you reply lowCO2design but to clarify a bit further what my conundrum is I will quote from the vendor's engineers report:
1) ".. the conversion of loft to study took place in 1991. I certify that this development is an exemp development under Class 3 of Part 1 of the Third Schedule of the Local Government (Planning and Development) Regulations of 1977, SI 65/77.
2) ".. the conversion of garage to habitable room and construction of rear extension took place in 1991. I certify that the total area of these two developments amounts to 22.82 sq. m. which area exceeds the limits set out in the the Local Government (Planning and Development) Regulations of 1977 SI 65/77 but is less than the limits set out in the Local Government (Planning and Development) Regulations of 1994 SI 600/2001.
3) .. no Building Bye-law approval was sought for the above developments. The owner advises me that no notices were served on her by the planning authority in connection with same. The works were completed prior to the coming into force of the 1991 Building Regulations on the 1st June 1992.
Is it that, in your opinion, exemption in this case would be denied due to the size limits in place in 1991
probably, but this is irrelevant imo.or can exempion be granted based on the compliance to size limits since?
yes - as i said above submit the relevant drawings and photos outlining the issue and require an exemption - you may find if you spoke to the planner first this could be sorted prior to the five weeks deadline.Is it a case of interpretation?
n/aIt is also unclear to me that should this be impossible and that I seek retention instead and it is refused (based possibly on e.g. current Building Regulations),
no its built to longcan the LA seek enforcement action to restore the property to its original condition or would the property remain an unauthorised building?
no the 7 year rule still standsQuote from Cork City Council website "If retention of an unauthorised development is refused, the unauthorised development must be removed and/ or the unauthorised use ceased"
Does the 7 year enforcement issue become null and void if retention planning is refused?
as i said above its very unlikely anything this dramatic will ever come to pass.The idea of a bond in this instance wouldn't suit if the exemption/retention wasn't granted as the rear extension comprises a kitchen which would be hard to place a value on and would also render the property unattractive to purcahse if forced to remove.
its not a grey area, you just haven't paid anyone for professional adviceThanks again for any help in what seems to me to be a very grey area (and probably why the vendor is reluctant to sort this out).
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