Any property built since 1964 must comply with Planning laws This arises under the Planning Act 1964. Certain smaller additions such as domestic garages or rear extensions may be exempt, but this is not always the case. Furthermore, any property built since 1992 must comply with stringent Building Regulations as to the material used in construction and the manner of construction of the property.
The Local Authority (generally the County Council) is in charge of administering Planning law in Ireland. The Local Authority is also responsible for prosecuting persons who do not comply with the Planning laws. They do not, however, certify that a property either complies or does not comply with Planning Permission.
Prior to a property being erected, Planning Permission is sought. If successful Planning Permission is granted. If unsuccessful, the Planning Permission is refused. It is then up to the Developer or builder to construct the property in accordance with the Conditions of the Planning Permission and/or Building Regulations. If the Developer fails to build the property in accordance with the Planning Permission and/or Building Regulations, the Local Authority can take enforcement proceedings in the Courts to make sure that the property is either demolished and re-built or that the required amendments to the building are made.
Although enforcement proceedings are quite rare, a Planning defect on a property is a significant Title issue which can affect the value of the property and its marketability. Therefore, when a Lender grants a Mortgage to be secured on a property, they will require proof that the property complies in all respects with Planning Permission and/or Building Regulations. The evidence they rely on is a Certificate from an Architect or Engineer confirming that he has inspected the property and that it substantially complies with the Planning Permission granted and/or Building Regulations.
Why you should read this Guide
Whether you are purchasing your first home or an investment property, this will be one of the most important decisions you make in your life. The whole process, from signing Contracts to applying for a Mortgage to getting possession, can be very stressful, particularly where you are not properly prepared or have not sought correct advice.
The purpose of this Guide is to give you some introduction to the process involved; to demonstrate to you that we understand that all of this is new to you and that it is up to us to explain the process involved.
To read this Guide, CLICK on the following LINK:
For further information on house Purchases and Property Transactions you should contact:
Morgan McManus Solicitors
For those selling their dwelling, we also have a Booklet titled Guide to Selling your House. To read this Guide, CLICK on the following LINK: