Planning issue with extension

The house we're sale agreed on has an extension on the back. I had a look at eplanning.ie and there are a couple of scanned documents regarding the planning permission. The planning permission was granted with a number of conditions. One was that they were to replace a sewer pipe (which services about 50 houses) with a stronger one before building over it, and they didn't. A number of years later, there's a letter from the council, in response to two letters from their solicitor (which aren't there) refusing to relax the condition. Apparently they had provided a video of the pipe at that stage showing that the pipe was still intact. The council refused to relax the condition, on the basis that the pipe may still fail as a result of the building works, and saying that they needed to provide proof that the title deed had been amended to say that the owner would be responsible for any repairs to the pipe in the future. There are no more scanned documents.

My solicitor hasn't received the deeds yet; presumably that will take a few weeks. So we don't know what resolution was reached.

Has anyone any experience of a similar situation? Should I just keep doing viewings elsewhere? I'm absolutely not willing to end up financially responsible for the upkeep of an entire estate's sewer pipe.

Don't buy it unless that position is resolved. I'd agree with your reluctance to buy into that potential issue unless the property was so cheap as the savings would cover the potential costs. A failed sewer pipe isn't a pleasant clean-up job, and one that will mean you can't live in the property until such time as you find someone willing to take on the repair. Replacing a section of sewer under an extension isn't usually that big a job, what other corners did they cut?

If you are relying on a mortgage to buy, the bank may not release funds until that is resolved.

I had a second look at the one letter I have access to, and it says that the vendors specifically would be reponsible. I'd say you'd have very little luck persuading them to deal with it once they'd moved on!

Tellingly, the estate agent is resolutely refusing to reply to any messages about this. Anything else she'll answer, but this query gets radio silence. I suspect she's hoping to drag it out till the deeds arrive from the bank in 6 or 8 weeks, at which stage she thinks we'll be too desperate to move to back out.

Back to daft for a plan B...

gingernut said:

I had a second look at the one letter I have access to, and it says that the vendors specifically would be reponsible. I'd say you'd have very little luck persuading them to deal with it once they'd moved on!

Tellingly, the estate agent is resolutely refusing to reply to any messages about this. Anything else she'll answer, but this query gets radio silence. I suspect she's hoping to drag it out till the deeds arrive from the bank in 6 or 8 weeks, at which stage she thinks we'll be too desperate to move to back out.

Back to daft for a plan B...

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Your research has served you well.

But is it an issue that would (or should) have arisen during the conveyancing process? A bit troubling to think it might have escaped attention.

Salvadore said:

But is it an issue that would (or should) have arisen during the conveyancing process?

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That generally happens last minute to ensure that the most up to date information is assessed prior to agreeing to close the sale. It would of course be possible run the searches multiple times, but you'd need to request that and pay the additional charges.

Items like planning conditions like this are public record, and prospective purchaser should not wait for the last minute to review those. Likewise copies of folios are available.