Developer didn't build the correct no. of houses

[A_b]

Hi,

anyone know what happens if a developer plans to build 50 houses in a new estate and only builds 45 (although plans seem to just show the 45). Does the council get the percentage of social & affordable housing based on the 50 or the 45?
Isnt it true that all this planning etc should be complete before contracts are signed to buy a house? There seem to be people living in most of the houses already.

 

[lexi]

Re: Developer didnt build the correct no. of houses

Firstly, you should establish just exactly what the developer has planning permission for.. whether it is 50 or 45. This is important as the developer will be required to complete the development in it's entirety in accordance with the plans submitted as part of his planning permission. If he as not complied with his planning permission, then you should contact the enforcement officer of the county council concerned. In terms of the social and afforable housing - this will have been agreed by the developer with the council in advance of planning - you should contact the affordable housing unit of the council to find out what the terms of the housing agreement was. A developer has a number of options open to him in terms of meeting the provisions of part v - eg. providing houses, providing sites, payment of money to the county council or a combination of the above.... what was agreed should be set out in the housing agreement.

 

[mo3art]

Re: Developer didnt build the correct no. of houses

Social and affordable housing is normally set at grant of planning stage. In other words when the developer receives a grant of planning permission, they will be allocated a contribution or the number houses that have to be constructed as far as I know.
If the developer only constructs 45 out of 50 houses, then the requirement for social/affordable still stands.
All I can tell you is that in the case of my own estate, it has not yet been completed despite the fact that physical construction finished 3 years ago at this stage. As a result the estate has still not been taken in charge by the local authority.

 

[Lyndan]

Hey all,

just on this point. I live in an apartment block in South County Dublin and it has just been found out that our developer has not given the agreed amount of social housing to the county council. The agreement was made with the CC based on changes to planning permission in a certain block - the developer agreed to give either 1 apartment or the value of 1 apartment, he hasnt and now people in that block are unable to sell up. We have a couple trying to sell who cant...

Any one else experienced this?