Selling Property - Do I Mention Office Facility?

[daveymacd]

Hey there,
I have a Apt in Ballsbridge (2 Bed, 600 SqFt but 12 Ft ceilings so feels bigger). It looks well but is suited really to domestic living. The reason I say that is that the landlords agreement (only 3 of us) on the building allows it to be used as an office also in a commercial sense although it has none of the infrastructure i.e. ISDN, multiple phone lines etc.

If I was thinking of selling it would you think mentioning this fact might affect the price negatively. e.g. The might think immediately that its surrounded by offices (its not) or might it make them think that its possible that the whole building might overnight turn into an office block. The other apts are ower-occupier with nobody going anywhere soon and the office facility restricts the appearance of everything except the inside of the apt so not changes to the feel of the building could occur in the common areas. The estate agents have just about said yes to everything I said even Hello so I dont believe what they say. Any opinions?

Thanks everyone

 

[antoinolacht]

Is there actually planning permission for an office? An ISDN line does not an office make.

It is illegal (if i remember correctly) to advertise a property as offices unless there is PP.

 

[rabbit]

I have a Apt in Ballsbridge (2 Bed, 600 SqFt but 12 Ft ceilings so feels bigger).

Very unusual proportions. Part of an old converted house ? Never heard of 12 ft ceiling on such a size dwelling before.

The previous poster is right as far as I know ; you need planning permission to be an office. If you have it + can sell as either, you could approach the auctioneers + ask the likely selling price of an 600 sq. ft apt versus a 600 sq. ft office in that area.

 

[liteweight]

If it's part of an old house, was this a Pre 63 property?

 

[daveymacd]

Hey its a developed old property (well spotted!) although it has been all gutted and modernised so the building only retains the facade of a Georgian building and is modern on the inside. PP for the office is a formality due to its previous use as commerical, the fact that theres a commerical enterprise in the ground floor and the area has a broad mix of very similar units. The other landlords cant object alsod due to the agreement we all must sign. Pre 63 I`m not sure how this affects the PP

 

[liteweight]

Our PPR was Pre 63 when we purchased. At the time, our solicitor told us that this meant the property could be used as commercial or rental or whatever we liked within limits. I don't think it's in existence any more. We lost our Pre63 status once we converted the property to a family home.

 

[antoinolacht]

Pre-63 is not carte blanche. if it has been redeveloped since 1963, I can't see what pre-63 would have to do with it.

It is impossible to sign away your right to lodge a planning objection through contract. I am pretty sure there is case law about this in Ireland.

Of course this is all technical stuff, you have to consult with your solicitor and planning consultant. Your agent will want to know they are not misdescribing your property.

 

[daveymacd]

Ok you cannot sign a contract in which you remove any statory right in respect to property or person just like you could sign a contract that says you understand the risks of leaving car in a carpark of a business you are frequenting but if then the buildings walls fall and crush your car you would win compensation as this came about as result of negligence on the part of the property owner.

You can sign a co-agreement amongst parties to effect specific actions should they be legal. The other landlords all agreed at the time of the redevelopment from commercial to residential that a group lease be signed for the building that allowed for use of the apts as office as the sole commercial venture. It does not state that they cannot object if they want to but since the building is zoned for mixed use, the fact that before you are required to sign this lease to buy and the fact the they were already assigned commercial previously the objection will not proceed.

Antoinolacht you have mentioned the situation regarding advertising illegally, by the very nature of asking the questions I have of the forum I would have thought that it was obvious that I was being (at least in some way) conscientious. Whilst I appreciate your comments you can be assured I would never advertise my property illegally, I am not an idiot.