Not allowed to sell house for 10 yrs???

We moved into our new house 15 months ago, however as with many we are finding the mortgage a struggle to pay and our marriage is suffering. I believe the house has become a millstone around our necks and think that our view of our future would be clearer without this millstone. However, our planning permission included a proviso that we cannot sell the house for 10 years (from the date of moving in). Has anyone come across this? Do you know if we can appeal it? We live in Co Galway

Havent heard of this before, were you thinking of moving too,downgrading or renting?

those are useually planning conditions, however, i dont think they would ever stand up in court, it was a stupid condition put on it by Galway Co Co.

best is to approach the planning dept, you can drop in, best to call them and set up an appointment, they are in the city, just down from bohermore.

tell them you want to get the condition relaxed, im sure they can amend the condition given your circumstances.

I presume that you must have qualified for some kind of local needs planning requirement. It's called an enurement clause and sometimes allow sale to other local people etc. Check the exact wording of the condition to see who you can sell it too. (i believe that you can rent it out without restriction)

same applies on rural planning in Wicklow. Letter from bank should also release it for you.
Might go against you in future if you are looking for planning again...! Local houses for local people....!

If this clause prevents the house been sold and the asset realised. how have the bank any security for the mortgage.

I think if you could prove you could no-longer affod the house then you would have a strong case.

Hi Xsue, I have a similar clause. Bought the land from the council at a reduced price and they wanted to ensure that we didn't build and then sell to make a fast buck so they put a clawback in place. If we sell within the first 10 years the discount that we received on the land has to be repaid - the council tried pulling a fast one by saying that it was a percentage of the sale but luckily my solicitor spotted it and the clawback only applies to the land.

If this is the case with you also, could sell your house but leasehold so that the land stays in your possession, for a nominal rent a year? Not sure if thats the way it can be got around... maybe a few of the legal bods on here would be able to offer advice.