7 year planning condition

[jamesgm]

Hi All,

I'm viewing a new build property in Westmeath - its built on a 0.5 acre site in the country. Its just completed and has been put up for sale. I looked at the planning conditions which was granted in 2005 and it has a clause saying the person granted planning has to occupy the house for a period of 7 yrs.

'The dwelling when completed shall be first occupied as the place of permanent residence of the applicant, members of the applicant> '> s immediate family or their heirs and shall remain so occupied for a period of seven years thereafter, unless consent is granted by the planning authority for its occupation by other persons who belong to the same category of housing need as the applicant.'

How come the guy thinks he can sell the property or worse how can an estate agent handle the deal. Can I actually buy this house or if I do am I liable to prosecution and worst loose the property and my money?

I know pre 2005 that councils used to put in a 5yr clause on new planning applications and everyone seemed to buy these houses anyway and ignore the clause but the new 7 yr clause looks like a tightening of this condition to me.

Any advice would be appreciated or experiences of dealing with these clasues - its a really nice house and location is ideal for me but I don't want to risk my life savings or a roof for my family ?

Thanks,
JGM

 

[KCT]

Was in the same position a while back, the solution offered by vendor's solicitor was to go ahead and purchase the property and then apply to the council to have the condition changed. Needless to say I didn't go ahead, way too much of a gamble and no guarantee the council would change the condition. Leave it and look elsewhere is my advice.

 

[Vanilla]

You could make the purchase conditional on the councils consent. Or better still obtain consent before any other paperwork. If the council won't give consent, then walk away.