Advice on Protected Structure

T

TheBlueNile

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Hi folks

I’m seeking advice around sale of protected structure as it’s an area I haven’t much knowledge on.

Basically elderly relative sadly passed on and has left their home to myself and sister in will. Now my question is specifically around selling the house on, the house was built circa 1870, relative had lived in it since sixties, i spoke to estate agent who said you need to find out if it’s pre 63 i spoke to solicitor who holds deeds of house who states that there’s nothing on deeds which states it’s pre 63? So basically nothing proving it is or isn’t pre 63, that’s the first issue. Secondly i checked with council no planning record history on house other than being listed as protected, as far as i am aware relative did nothing with house in over forty years and house in not great condition but not awful, she did change old windows to pvc windows approx 15 years ago and some adjustments to toilet area, turning two small toilet units into one large toilet area but other than that nothing that I am aware of.

My question is how difficult is it to sell these houses on, should i be getting structural engineers in to check everything is sound before i put for sale 2. If I can’t prove it’s pre 63 is that a big problem. 3. Should i be seeking advice from conservationist architect as someone mentioned that to me also.

I’m just wondering what steps should i be taking here to ensure smoothest sale

Thanking you in advance
 
You've just said yourself that the house was built circa 1870. I don't know what the planning process was pre 1963, if at all, but it was a lot more lax than it is now. Why are you saying it's a protected structure and what part of the country are you based in?
 
Yes good point! I guess the state agent asking me to find out if it was pre 63 threw me a bit and I’m not sure the reason for asking, i should also state the house is basically split into flats, again I don’t know if this has bearing on sale, it’s listed with dcc as protected, house is in dublin
 
Ah, being split into flats is the key bit you left out. They want to know if the conversion to flats was pre-63.

If the conversion was pre-63, effectively there were no building regs, or planning and you can continue to use as-is (e.g. no requirement for fire escapes). If it's not pre-63, then building regs apply. Big difference to a landlord buying it, but if it's best value is for converting back to family home it won't matter much.
 
Thank you for the reply, then specifically around the pre 63, if there is nothing in documentation to state that the property either is or is not pre 63 where does that leave us?
 
Nothing in documentation says to me it's pre '63, unless it can be proved otherwise, which I doubt.
 
As Red points out, if there is a Pre 63 declaration, that increases the flexibility for a potential purchaser.

One would find it very difficult to get permission today to convert a nice family home in Rathmines into 6 flats.

But I am not sure how valuable it is any more. A lot of the Pre 63s had shared toilets which are not allowed any more. So they cost a lot of money to get right.

I think that someone must sign a declaration that it was in flats before 1963. Your elderly relative would be the person to do that. Is there anyone else around who could make that declaration? Any chance that she would have a rent book showing the rent from multiple units?

But if your plan is to sell it, then just sell it as is. The buyers will factor in the current state of it and the fact that it is listed.
If they are investors, they will probably apply for permission to refurbish it as good apartments.

You could consult an architect now and ask what the chances are of getting planning permission for apartments. If they are good, you could commission the architect to design the apartments and then apply for permission. This would enhance the value. But of course if planning permission is refused, then it would reduce the value.

My gut feeling is that if you are not a property developer, just sell it as is.

Brendan
 
Thanks a lot for the reply Brendan, that’s really helpful, I think selling as is is the way to go for us
 
TheBlueNile said:
Thanks a lot for the reply Brendan, that’s really helpful, I think selling as is is the way to go for us
Click to expand...

That would be my inclination too. By the way, my earlier advice to follow the advice of a local estate agent wasn't to get their opinion on whether it was Pre 63 or not, but on what the correct selling strategy is. I'd be amazed if they said anything other than sell as is (or close to it with minor issues resolved to make it more presentable) and let the potential buyers work out what they might want to do with it.
 
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