Enforcement Notice on Developer - Help

[firsttimebuy]

I have recently bought a house and it is due to close in the next few weeks the 10% deposit has been paid and the contacts have been signed but our solicitor has advised us that an enforcement notice has been taken against the developer by the town council.The Enforcement Notice served on the developers in respect of their failure to comply with Conditions 2, 3, 5, of Planning Permission. Legal proceedings are on going in this case and the council are awaiting a date for the case to be heard in the Circuit Court.

The town council advised me of the following today.'you are advised that under Section l54 3(b) of the Planning & Development Act, 2000, following the service of an Enforcement Notice on a developer, if the Planning Authority become aware that any other person is an owner of occupier of the land,or may be affected by the Enforcement Notice served on the developer, then an Enforcement Notice may be served on that person also.'

I don't know what to do. At this stage could I pull out of buying the house? I have already paid for the floors to be tiled and other work on the house. Would it mean losing the money I have already put in? My solicitor has still to get back to me on this.

 

[mckiernr]

I am in a similar position. I am buying a house but it does not comply fully with planning conditions. The vendor refuses to carry out the work and says that it will pass to us to do if there is enforcement at a later stage. He has a letter of compliance!! We added this to the snag list but now his solicitor will not engage with ours. The auctioneer says they will pull out if we push the issue.

 

[Balgriffin]

any information on what conditions arent complied with in either case? if the conditions relate to general site works then i wouldn't be too worried, especially if the county council are taking the developers to court. At the end of the day the courts should force the developers to fully comply with all planning conditions. But i'd definetly find out exactly what conditions are not being complied with and if they would have a direct effect on you.

mckiernr, do you know exactly what doesnt comply with the planning conditions and why the vendor refuses to complete the works? i'd ask your solicitor to have a look at the certificate of compliance and at the end of the day it is the responsibilty of whoever certified the house was in compliance to make sure that it was in fact in compliance. worst case scenario the council could issue enforcement proceedings to ensure the house complies with the conditions, if the vendor is gone it could fall to you to make sure the house complies.

If i were you i'd ask your solicitor to contact whoever issued the compliance certificate to see if they are aware that these conditions are not complied with and they may be able to have some influence with the vendor.

If you want to post up the exact conditions it might become clearer

 

[firsttimebuy]

The conditions are Financial Contributions, Part V of the Planning and Development Act 2000 and infrastructural works.

 

[Balgriffin]

Okay firsttimebuy, since the conditions relate to financial contributions, Part V and infrastructural work I’d say that comes completely under the developers responsibility. The letter informing you that you could be served with an enforcement notice was probably served to all the houses as a matter of course as an enforcement notice can technically be served on all owners of the land that an enforcement notice relates to.

But as the owner of just your own house it wouldn’t be your responsibility to carry out works on lands that weren’t yours (the infrastructure conditions). Part V of the Act relates to social/affordable housing which the developer has to agree with the council and again I don’t think you could be held liable to provide other units for this provision. The same with financial contributions, I don’t see how the purchasers of houses/apts could be held liable for the developer not paying.

At the end of the day the developer was granted planning permission to build on these lands but he must follow the conditions attached to that grant of planning permission, he obviously hasn’t or is trying to get away with doing less and the council issued enforcement proceedings to make sure that he does. I cant realistically see how the developer could manage to get out of these conditions or indeed pass them onto the owners of the houses/apts as I’m sure all developers would do exactly that if they could (of course all those contributions, infrastructure costs have been built into the price of your own house)

I’d make a call to the enforcement section of your council to see if you can find out the history of the case, there should be an enforcement reference number on the letter and they’ll know which officer is dealing with it.

But at the end of the day you should also get your solicitor to check if you would have any liability in a worst case scenario, at the end of the day I’m on the architecture side of things rather than the legal side.

Dunno if any of that helped, hope it may have

 

[mckiernr]

The condition I have is:
The hedge at the roadside is to be removed and a stone finish wall is to be errected in its place.
The vendors architect has since changed the cert of compliance to state that the wall is to be built by whomever purchases the house. The vendor is now demanding we return signed contracts by tomorrow or he will pull out.
I think it is a disgrace that a developer can get away with something like this. From viewing this website I am not the only one in this situation. What a country we live in ......

 

[mf1]

Well you could if you wanted just do an economic analysis of the situation and decide whether you want to do it or not. You appear to be able to withdraw from the contract so notwithstanding that you may have invested time and effort, what loss are you at?

Can a developer get away with something like this? Yes, if you do what he wants and no, if you don't.

There may be an element of bully boy about it (and I don't like that either) but you do have choices.

mf

 

[Balgriffin]

The condition I have is:
The hedge at the roadside is to be removed and a stone finish wall is to be errected in its place.

Well again technically speaking that is the builders responsibility and an opinion on compliance stating the works arent in compliance is a bit of a joke. i mean what good is an opinion stating a building is not in compliance? is his architect RIAI registered? if so i'd ring the RIAI and ask their advice on what use is an opinion on compliance stating the works don't fully comply is to anyone. And i'd also wonder if your bank will accept this as well?

but i guess it comes down to can the vendor pull out? have you signed any contracts? What is your solicitors opinion? and do you mind not getting the house if you fight it? and can you afford to do the works if you just take it on ths chin? (i dont believe you should and the vendor seems like he's taking the piss big time)

Personally i'd expect a house i was buying to be in full compliance with its planning conditions and if it wasn't i'd deduct the cost of having the works completed to meet the planning requirements from the purchase price.

I guess it all comes down to your legal position and if the vendor walks away or refuses to complete the works is he in breech of the contract (if there were contracts signed). I'd really be asking my solicitor my legal options in all events.

In relation to enforcement proceedings it is something that may come to the attention of the council if someone reports that the works aren't finished as described in the planning drawings. And as such you could be hit with enforcement to complete the wall at any stage after you buy the house.

Hope it works out though