No planning for sheds and other problems

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ger1983

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2 months after making the offer my solicitor told me today that house we are trying to buy has no planning for sheds and other problems that don't comply the original planning granted. The 130metre sightline is not complied with does anyone know what this means please. The house itself is find its the sheds/boundary wall etc. This is the second house we have gone for and same problem again last time we pulled out but cant afford this time as our time is running out with mortgage approval.
There are two sheds out the back with no planning permission. They are combined 37 square metres and only allowed 25 without planning. To be honest one of them is really run down and would not have a problem if they just knocked it to bring it below the 25square metres. Other few problems with the house but this is the major one. At breaking point at this stage as only barely have enough left to cover the cost of the sale and just praying my car will keep going etc. its that bad. Really don't feel like going back to starting all over again with mortgage approval and picking another property. Anyone know of similar circumstance and outcome would be appreciated.
 
Ger

I assume the big issue here is just keeping the bank happy that the planning is in compliance.

I came across a similar issue a few years back and the Solicitor just explianed to the bank the situation and the bank just accepted it as it was.

In your case, I suppose the case that the Solicitor will need to make to the bank will run along the lines :

1) The 2nd shed is in bad condition and most likely doesnt affect the purchase price of the property whether its knocked down or not, therefore the security on the property is not compromised so the bank shouldnt be overly concerned.

2) If the shed has been standing for longer than 12 years then there is a case for applying for retention. If Im not mistaken, the council can not instruct you to take it down if it has been in place longer than 12 years.
 
It sounds like things are tight

It sounds like your finances are tight with your broken down car etc.
I'd stay renting for a while longer and not bother with the stress of a mortgage.
I'm speaking as a struggling mortgage payer here.
 
I'd agree with richinspirit if your finances are that tight i'd wait a while. you should certainly not let the ending of your mortgage approval determine when you buy, if your finances haven't changed then I don't see how it will be a problem to get approval later on.

You could use the planning issues to reduce the price as it will be the same for everyone bidding on the house. Get them to remove both sheds at their expense or get them to apply for retention, get them to sort out the other issues and then bid again.

There are other houses out there.
 
The sight line problem could be the biggest problem. Obviously put in because access is limited or on a bend. The sightline will affect where the exit, gate or wall is located. Could be expensive to remedy.
 
ger1983 said:
. At breaking point at this stage as only barely have enough left to cover the cost of the sale and just praying my car will keep going etc. its that bad. .
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If you're this tight financially I think you need to think again.

Of itself 2 sheds that are in existence many years without planning permission that you don't care about is not really something important in my opinion. But it is your opinion guided by your solicitor which is important. If he is willing to go ahead and the banks are ok then these may only be trivial issues. But it sounds more complex by that.

In addition you seem to be panicked by the fact your mortgage approval is going to run out. That's not good.

What exactly has been your solicitors advice to you?
 
Hi thanks for replies my solicitor don't see any major issue but said it depends on my Bank given the mortgage so he is writing to them to find out would they loan under these circumstances. Reason finances are so tight is I have substantial deposit down on the house and have put money away for legal fees etc. I was cautious on how much I would need on the legal fees and other costs so once everything is sorted I would still have a good few thousand in savings.
My mortgage if we go ahead with it will be half my current rent. We have two young children so 3 bed is a minimum. I have been told the sightline may just be knocking a wall and removing a hedge.
To be honest we are exhausted at this stage and is causing alot of tension at home. We waited two months to get to this stage with the house and feels like we waited for noting. And this is the seond time we have ended up in same situation bad luck or what!
 
ger1983 said:
To be honest we are exhausted at this stage and is causing alot of tension at home. We waited two months to get to this stage with the house and feels like we waited for noting. And this is the seond time we have ended up in same situation bad luck or what!
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Don't allow this to have any bearing in how you deal with this. Better the frustration, extra exertion and exhaustion now - than problems you will have to live with long term.
 
Dont worry about the shed, anything under 40sqm can be knocked without planning. The sightlines are crucial. If they agreed to remove a ditch on the guys land next door to get planning and then didn't do it after they built, the guy next door might say no now, leaving you in serious trouble if there is an accident because of the situation, best case scenario. Worst case someone in your family is injured cause of it. I'd steer clear.
 
My solicitor wants us to sign contracts for now he said he will put in a condition that we can pull out if the mortgage company won't allow us draw down the money. I feel worried about signing before everything is sorted. Can I demand my booking deposit back if I sign the contract and the deal falls through due to the planning issues.
 
You should really be asking your solicitor this. But usually booking deposits are at risk once a contract is signed.
 
I think we wont sign until we can be guaranteed that our Bank will allow funds be drawn down on the basis of the planning issues. We are hoping to apply for retention after the sale as we dont have the time to wait now as mortgage approval is up we are not too worried if we have to knock the sheds.
 
I think you should take your solicitor's advice and not our advice on here. Be informed from posting on here but your solicitor is acting in your best interest. Once he puts in the special clause there will be no issue with you getting either your booking deposit or contract deposit back if the condition is not complied with. It must be of a minor nature, the problems, if he's willing to let you sign the contact.
 
ask your solicitor to contact the bank to see if they will extend your current letter of offer by 3 months.
 
Hi,

Fairly annoyed and just before xmas informed today that retention will be needed for the house we are trying to buy. And at this stage we can't believe how much auctioneers and solicitors lead people on for months.
This is the third house we have had an offer on and second deposit put down and really don't feel like starting all over again but retention will take at least three months if not more. We are telling them we will pull out if there is not progress fast but hasnt made anything any faster we know retention will take time but is other issues they have dragged their heals on. Should we just walk anyway start again? But fear there is again we end up with a house sale that takes months to a year. Already being through the mill with a NAMA house and another house with planning issues. All this and we are still renting and a few thousand out of pocket at this stage.
 
Auctioneers know nothing about legalities. The vendors and the auctioneer probably didn't even discuss this. Your vendors probably didn't know they weren't complying with planning. And your own solicitor did not until he investigaged, which is his job. Nobody has done anything wrong here. It's unfortunate that you've ended in this situation.

If you're going to stick with it, then just accept it, if you really want the house. It's in the vendor's interest to get it sorted because they ultimately will not be able to sell if they don't. If this has cost you money than lower your bidding price. You're in a good position to negotiate a contract right now.
 
Be very careful . what happens if you buy the house at a reduction and then apply for retention and are refused?
It is unlikely that a permission to retain will be granted without at least the same requirements as the original permission. So make sure you can satisfy the "line of sight" problem and can afford the cost of remedial work.
 
ger1983 said:
Hi,

Fairly annoyed and just before xmas informed today that retention will be needed for the house we are trying to buy. And at this stage we can't believe how much auctioneers and solicitors lead people on for months.
This is the third house we have had an offer on and second deposit put down and really don't feel like starting all over again but retention will take at least three months if not more. We are telling them we will pull out if there is not progress fast but hasnt made anything any faster we know retention will take time but is other issues they have dragged their heals on. Should we just walk anyway start again? But fear there is again we end up with a house sale that takes months to a year. Already being through the mill with a NAMA house and another house with planning issues. All this and we are still renting and a few thousand out of pocket at this stage.
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Why do you state that you're out of pocket?

I'd personally give up on this house, the vendors have been stringing you along, there are plenty of other houses out there.

Next time you look at a house, have a look online for any planning applications for the house, and check yourselves to see if there's anything on the ground that isn't in the planning forms. Either this or just buy a house in an estate.

The important thing is to get a house that you really want to live in not getting one right now. It can be easy to get worn down by the whole process, but it is a buyer's market at present so just walk away from any house where they're messing you about - they'll come crawling back to you.
 
Each engineer report/survey we had to get and valuation report has all added up and the solicitor wants a fee either way at this stage if we buy or not so that all adds up to nearly 1500euro plus our lease was up the rented house so had to find temporary house while we waited. Not great with two children on tow but thats life :)

We havent signed anything yet so we should be able to get our holding deposit on the house back without much hassle?
 
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