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As a result the remaining houses were immediately withdrawn from sale and the new residents left in limbo.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