Planning retention refused on outbuildings - will I be able to sell?

As per my previous posts, the council today refused planning on outbuildings on my house . I had hoped to get them legalised before I put the house on the market but they refused outright with the reason that its 'not in keeping with local development plan'.

Its been there for 20 years and was there when I bought the house but what I'm wondering now is can I realistically sell with illegal outbuildings on the site? I know theoretically its possible (as unfortunately I bought them unknowingly) but if its made clear from the outset to buyers that this is just outbuildings but not part of the house and not legal, could there be a major problems - especially given that there is no hope of them being made legal?

Can't contact my solicitor to find out as he's gone away for the weekend....am at my wits end.

1. In many cases, it is perfectly possible to sell a house with unauthorised 20 year old out-buildings. However, if the unauthorised buildings make up any, or any significant part, of the value of what you are selling, it will be made more difficult. A buyer's solicitor will probably have to qualify title to the lender. If, for example, it is a 250k house and 30k of outbuildings being sold for 280k, then a lender might not want to have 90% of 280k lent, but might be happy enought to lend 90% of 250k. If it is a million euro house, and the outbuildings have no significant effect on the overall value, then there is really very little to stop a buyer from buying or a lender from lending. You can of course expect the unauthorised buildings to be used as a bargaining tool, but the best way to avoid this is to put the problem out there before final price is agreed, so that buyers are not as easily able to come back for another bite out of the price

2. You might as well appeal. It is not that dear, and An Bord Pleanala can't really do any more than the council have already done. It's all upside.

If you plan to appeal to An Bord Pleanala they will take a fresh look at what you have on your property. If you emphisise stuff like it can't be seen from the road, it has been used for a variety of purposes, its 20 years old, its built to the highest standards, your granny used to live there for 5 years, it doesn't affect traffic.

Hope all goes well for you

Thanks for your replies, appreciate it. Not sure if I want to go through the whole appeals things as I've been waiting so long for this decision as it is and really want to just put the house on the market now.
The outbuildings will make up little or no part of the overall valuation of the property.

Am wondering now if it might be better to just demolish them altogether rather than have to worry about their illegality holding up or preventing a sale. Problem is that up to now the estate agent (while not considering them as part of the overall floorspace and valuation of the house) believed that the extra outdoor space could have been a good selling point ie as a den for families with teenagers or just extra storage space etc.

But great to know at least that they can be sold - illegal or not.

MelF said:

The outbuildings will make up little or no part of the overall valuation of the property. ...

....Problem is that up to now the estate agent (while not considering them as part of the overall floorspace and valuation of the house) believed that the extra outdoor space could have been a good selling point ie as a den for families with teenagers or just extra storage space etc.

Click to expand...

There's a contradiction there, don't you think!? If there add no value, then the easiest way out is to demolish them IMHO. Then the EA can market the extra OPEN space outside!

I was refused planning on a site and the council said my only recourse was through an bord pleanala.. I made an appeal and lost - wishey washey reasons nothing substantial from both the council and an bord. None of them were site specific or plan specific - their issue was basically with building in the general area.

Went to a local politician and he was goint to fix it - however when he realised that I had appealled it to an bord pleanala he said he could do nothing for me...

It really annoys me to see houses springing up all over the area and also big F..K You South Fork types. All I wanted was a traditional style farm house...

Thinks before you appeal to an bord p...

Best of luck with the sale...

In my opinion you should appeal but also put the house on the market. If the outbuildngs are incidental to the value it will not prevent anyone being able to obtain a mortgage to buy. If I personally were buying I would prefer to have the outbuildings, illegal or not.

It turns out that if I can prove the outbuildings have been there for so long then they are exempt from a demolition order. Trying to prove this is another story as because they had no tangible value they were never mentioned in mortgage valuation etc,

i thought that any unplanned buildings over 7 years old cannot be demolished, this is part of the planning regs

Yes, that is the case, but now the onus is on me to prove this!

can you not contact the previous owners for any info....

These buildings may have been picked up in previous conveyancing work, and noted in the documentation at the time.
Not sure if this would be part of the paper trail when you bought the property (I know it was not noticed, but maybe its in the paperwork somewhere). Failing that, it might have been noted during conveyancing for a previous purchaser (e.g. a note made that the non-confirmity was noted and accepted by the purchaser as a condition of sale).
I'd be surprised if no-one ever picked this up or noted it during the history of these buildings. If they have, then its on the record, hopefully > 7 years. Good luck.