Selling with planning restriction

[munsterman25]

About to apply for planning on a site. If we are hit with a five year 'live there' clause., ie must use it as our primary home, is it possible to sell the site with this restriction on it or would any new owner have to re apply in their own name

 

[Bamhan]

I think the new owner would have to apply in their own name as you are being granted permission as you have shown a housing need.
These 5 year clauses are inserted to prevent people building to sell.
There is nothing however to stop you building the house and then telling the planners you cannot afford to live there they cannot force you to stay if for example you cannot afford the mortgage.

 

[munsterman25]

Yes , if god forbid, lets say one of the couple were to lose their job in the area , would the planners allow a sale then???

 

[Bamhan]

Would have to.
The bank get a letter from them saying they can exercise their rights if you cannot pay the mortgage.
You obviously could not kep a house you could not afford.

 

[polaris]

Just confirming Bamhan's post
We were recently granted planning with a condition prohibiting us from selling the house for 5 years. One of the first things the bank required, before giving us a mortgage, was a letter from the County Council stating that this condition would not be enforced in the event that we could not make the mortgage repayments. The County Council issued this letter immediately.

 

[munsterman25]

Yes Polaris, but if someone were to die lets say the mortgage would be paid off.

The widow may not want to live in the house then. Would he/she be able to sell?

 

[Bamhan]

Yes they do not force you to stay against your will. The clasue is used to prevent developers building one off houses and selling them.
County Councils only want planning permission for houses allowed in the rural areas where there is a housing need for the people to be in a particular area as servicing these sites is expensive for the county council.
The five year clasue just makes it awkward for the developers so they don't go down that route but for an individual who intends to stay in the house and then has to sell it for a ligitimate reason there is not usually a problem.

 

[polaris]

Interesting point Bamhan, I had assumed that county councils would only allow the sale of the property within the 5 year timeframe if it was requested by a bank/buidling society.

Are you saying that if you are intent on selling, for whatever reason, the council will relent and issue a letter abolishing the condition? I'd imagine no potential buyer would purchase the property without this confirmation.