The Co Council granted the permission to build a private dwelling with a condition that it had to be occupied by owner for 5 years prior to any sale.The property is not mortgaged.I can't make head nor tail of your query as it is written.
Some context or extra detail (eg what have the council to do with the sale of a private house?) might help.
Sounds unenforceable if the condition didn't allow for force majeure.The Co Council granted the permission to build a private dwelling with a condition that it had to be occupied by owner for 5 years prior to any sale.
It appears this condition is in many planning permissions in rural Ireland to prevent speculative development.Nobody will buy with that type of condition unless a cash buyer who ignores their legal advisors.Sounds unenforceable if the condition didn't allow for force majeure.
The owner or their representative needs legal advice.
IANAL.
I can only repeat my observation above.It appears this condition is in many planning permissions in rural Ireland to prevent speculative development.
If it's unenforceable, it's meaningless.Nobody will buy with that type of condition unless a cash buyer who ignores their legal advisors.
The Co Council granted the permission to build a private dwelling with a condition that it had to be occupied by owner for 5 years prior to any sale.The property is not mortgaged.
The property was never occupied or rented as the owner planned to use it as his PPR.The Council are aware its not occupied as the owner asked them to delete this particular condition but they refused.How does the Council know the person is not living in the property?
Was the property rented out or unoccupied? Was it the principal private residence for the owner? Utility bills in their name?
Worth stressing the latter point to the Council but perhaps you have already.
The property was never occupied or rented as the owner planned to use it as his PPR.The Council are aware its not occupied as the owner asked them to delete this particular condition but they refused.
He has spoken to a few solicitors and they feel it can only be sorted by the planners.In fact if he had it mortgaged and went into default a bank could sell with good title.Seems unbelievable.its a perfectly standard clause that most county councils put in their agreement for once off rural housing. Mortgage etc is irrelevant. In addition, the fact that he asked for it to be removed is also irrelevant based on the information provided.
I'd suggest a conversation with a solicitor, there must be exceptions to the rule to allow for death, forec majeure, fair deal etc. Alternatively, it is another headache for a probate solicitor to deal with in the future
From my lending days though when a condition like this was on planning permission we had to get a letter from the council saying that in the event of reposession the bank could sell. Banks wouldn't lend without it as it couldn't be sold except in most cases to someone else with a local need but if no mortgage then that's different!He has spoken to a few solicitors and they feel it can only be sorted by the planners.In fact if he had it mortgaged and went into default a bank could sell with good title.Seems unbelievable.
He has spoken to a few solicitors and they feel it can only be sorted by the planners.In fact if he had it mortgaged and went into default a bank could sell with good title.Seems unbelievable.
Good point but the property is standing him c. 900k so may not interest Council.Worth a try.Any chance that the Council would consider buying it from him?
Time to talk to an experienced, intelligent county councillor who can discuss with the County Manager..
Good point but the property is standing him c. 900k so may not interest Council.Worth a try.
A planning condition stipulates the house must be occupied by owner for 5 years prior to sale.
The house was built as a retirement home and has been lived in periodically over the last few years.He has a PPR in another county(beside a hospital) and is under cancer treatment for a few years.Are you sure that the house has not been occupied by the owner?
Did they own another house?
Have they been in hospital for the last 5 years?
I presume that "occupied" does not mean living there every night of the last 5 years.
But if they owned another house and built it as an investment, then that is their lookout.
But if it's their only home, they probably meet the condition.
Brendan
Yes but an empty house in the current housing crisis solves nothing.I can certainly see why they would not allow it to be sold if he has another home.
Brendan
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