Can a mobile home be a principle residence?
I saw this place for sale in Kilmore Quay on the Buy & Sell website [broken link removed]
Its a beautiful spot and I think the price would be really good if I could eventually build a house on it.
If they used it as a PPR do you think this will make it easier for planning permission?
First off, stop selling yourself this deal.
So many people dupe themselves on wishlists.
You're the buyer, its a buyer's market, act like a buyer.
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Three legal definitions come to mind, off the top of my head.
In terms of the recent Census, a place is a PPR if someone normally resides there - leased, owned, "let stay" - its their PPR regardless.
In terms of Tax law, if you reside in a jurisdiction for a minimum 183 days of the year, you are liable for income tax in that domain.
In terms of planning law some conflicting issues arise -
- establishment of a non-comforming use can arise after 7 years without permission
- development plans may distinguish between permanent abodes and holiday homes
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Practically speaking , all residences must provide suitable accommodation to support the activity of residential living - eating, sleeping, washing, cooking, etc.
Therefore as has been mentioned before, utilities bills may be offered in support of a claim, as could permanent connection to services.
But the real issue seems to be the use and the difference between "permanent", "holiday" and "temporary".
These seem to be defined using some very fine lines
Temporary and permanent are defined by the quality of construction, the intended term of existence and the works carried out to the land.
A caravan is the one form of temporary residential accommodation.
But equally a shed or tent can satisfy this definition, depending on what support services are nearby, so we need to look a little deeper.
Temporary structures seem to be a little different from temporary accommodation.
A temporary structure does not need foundations or a permanent connection to services.
A chemical toilet, a soakaway, a generator and a potable water storage tank will satisfy basic human living requirements.
You'd even get away with bottled water as long as you had some water for washing nearby.
However, even the most rudimentary permitted permanent dwelling needs
- foundations
- a means of disposal of waste and foul water, either on site or to a piped connection
- a well or piped water supply of potable water
- a supply of electricity
I am not aware of a recently permitted permanent dwelling that did not satisfy all these requirements.
Yet even fairly basic holiday homes will typically be on a (rubber) piped water connection and will have a connection to piped waste services.
Typically, the €2,000 a year minimum services fee goes to cover these.
Some holiday homes in Clare are on permanent piped waste services.
Some housing estates of permanent houses in Wicklow are connected to treatment plants.
These are not holiday homes and they are on a private treatment plant, not piped waste services to a Council treatment plant.
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In terms of the intent, there may be a difference between PPRs and Holiday Homes in terms of nett financial gain and services load to an area.
Typically Holiday Homes tend ot be seasonal and so their services load occurs in the summer, which even in Ireland is relatively warmer and dryer than the winter months
- less use of electricity because of warmer temperatures and longer daylight hours
- the grass is growing and so in theory septic tanks are working.
If a house is used all year round the services cost rocket in the winter and the septic tank, which may have been okay in the summer, could develop problems in the winter due to water tables, etc.
The implications for the community support services also vary with the intended use.
- Schools are typically not burdened with usage by occupants of holiday homes - although this has changed in recent years with the growing use of summer schools.
- Similarly medical and related consultants may treat holiday related accidents - some quite severe- but the run of the mill winter flood of respiratory related diseases are not directly proportional to the summer holiday peak.
having said that, many well-to-do older couples like to "winter" abroad, and their permanent PPR houses are looked after by caretakers during the six months from October to March.
So there are grey areas, but a broad definition and the associated usage pattern allows consideration of holidays homes as nett earners for otherwise economically disadvantaged areas.
Therefore there is an issue arising which could impact on the Public Good and creates additional strain on the exchequer and a drain on services privoded by the State if all holiday homes were allowed become permanent residences merely by the whim of the inhabitants.
This suggests that regardless of any legal niceties one might argue, there would be a reluctance by the establishment - the local authorites and the courts - to allow unregulated conversions of this particular residential use to permanent residential status.
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However, long before you could try to address any outstanding issues via planning law or the law of the land you need to know where you stand with the existing and intended residential use on this property.
For all you know this could be a kite flying expedition by a con-man.
After all, its not even being given a gloss of respectability by being offered through an estate agent.
No one appears to be in a position to offer you assurances in relation to title, or legal standing of the use.
Even were an Estate Agent on board, in this case I would be even more wary, not less.
Personally I'd pay no more for this site than the going price for a second hand mobile home, dependant on whether it has its own access and the services thereon.
I doubt this will reflect the asking price, but you may be buying a location.
Even so, I would only pay such a price if it can be shown that the item for sale has and complies with a permission for the residential use on the site and all the legals are in place in terms of ownership, Rights of Way, Easements, Services, etc.
The vendor might only be leasing the land for grazing purposes for all you know!!!
I would also be very wary of someone claiming adverse possession or established rights - these might apply only to the person claiming them and might not be transferrable.
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IMO you would be most unwise - given the tangled nest of issues outlined above - to buy this "property" on the assumption that -
(i) it can continue as is, unless its legality can be so proved or
(ii) that you will achieve permission even if the legals are sorted.
However you are between a rock and a hard place in terms of getting any view from the local authority.
Planners have a practice of not speaking to anyone on a speculative basis - you had to have a legal interest in the property.
This means that you may be refused a meeting or even a phone conversation with them to discuss the possibility of a permission here.
This doesn't stop you getting on your bike and looking at the local authority website or calling into the Planning Counter.
Here you can research similar kinds of situations and finding out whether permission was granted and the circumstances of same.
If this would seem like looking into a bush to you, you could alternatively consider appointing a planning professionals to investigate matters.
I also strongly suggest you engage a reputable solicitor to inspect any documents offered in support of the use, its provenance and/or its continuance.
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Therefore and in conclusion, I would be very wary about moving forward with this unless everything checks out.
ONQ.
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.