House purhase in Unauthorised Development

Eoin28

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I purchased a property 3 years ago in a small development of 30 Houses. This was my first house and purchased it with a view to trading up in about 3 years down the road.

The development is a courtyard style broken into four separate sections. I bought in the early stages when the first section was sold. About 12 months after i moved into the house the development was completed and the remaining 15 houses went on the market. However shortly after this it was reported that the entire development was a UD (unauthorised development).

I knew nothing about this what so ever and only found out in the local paper. The developer had received permission for holiday apartments but built residential townhouses instead.

As a result the remaining houses were immediately withdrawn from sale and the new residents left in limbo.


I contacted my solicitor and informed him of the situation. I requested a copy of my file from him.
  • The planning permission clearly states that permission was given for Holiday Apartments.
  • The architects certificate states that my Town House complies with the Planning permission for Holiday apartments?
When i approached my solicitor he informed me that the vendors solicitor misrepresented the sale to him. He also said that planning would not normally be checked when processing a sale and that everything would be ok, retention of planning would be received for the development.

After 12 about 12 months Planning was granted, buy appealed by 2 parties. This is now with An Bord Pleanla.

I have constantly being sending my solicitor letters asking for an update on the situation. When I do get a reply, its usually only a copy of a letter he has sent to the other solicitor.

Everyone seems to be at fault here, the developer, the vendors solicitor, the builder, the architect and my solicitor...

I had planned on selling the house this year, getting engaged and purchase a new property. At the moment my hands are tied.

I am worried that if planning is granted, the value of the property will be effected and i wont have gained anything by purchasing it in the first place.



Since purchasing I can now avail of staff mortgage rates but because of the planning issue I cant remortgage. I am therefore at a loss of about 2% every year..

I have being reasonably patient with my solicitor up to now, Does anyone have any suggestions to what i can do from here??

Has anyone had similar problems??



A question that my solicitor refuses to answer is, what happens if retention of planning is not granted??
 
Surprised no replies on this. You go to the Law Society about your solicitor, its his/her job to check the planning.
 
IWhen i approached my solicitor he informed me that the vendors solicitor misrepresented the sale to him. He also said that planning would not normally be checked when processing a sale and that everything would be ok, retention of planning would be received for the development.

I agree with Gav2 - your solicitor is talking nonsense. One of the key responsibilities a buyer's solicitor has is to ensure all planning requirements have been met.

On the basis of your description, one would have to say your solicitor has seriously messed up. You should consider taking legal action against him or her.
 
I am just wondering on what grounds are you basing this on?

It does not make sense. As is stands, the property while not exactly worthless can only be sold to a 'Cash Buyer', who is willing to take a risk and will be looking for a 'Good Price'. If retention is granted, then there is no longer a problem in selling it.

Towger
 
I am just wondering on what grounds are you basing this on?


If retention is granted. The remaining 15 Houses will be put on the market straight away. These houses will be therefore sold as New peoperties, thus more attrative to First time buyers & Owner ocupiers. I could have to reduce my asking price. As it stands im completly relying on retention to be granted by An Bord Pleanala, i have been told that this could take a considerably length of time.
 
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