Planning retention

[azerty]

I am currently trying to sell a mid-to-end 1960s house, my parents' house. It's a standard 3-bed semi d in an estate in Dublin, no different to any other house in the street. However, the planning permission has gone missing and hasn't been found by legal search. What is the process to organise planning retention, time-frame, and cost? Thank you

 

[Sue Ellen]

What have the local Council had to say about the planning permission? Do they have anything like the SDCC interactive mapping online system which shows previous planning applications.

 

[azerty]

What have the local Council had to say about the planning permission? Do they have anything like the SDCC interactive mapping online system which shows previous planning applications.

Local council has been contacted. Nothing. A legal search has also been done. It's a large estate. We also looked at the mapping.

 

[twelve]

It's always more complicated than this, and you would likely need closer advice, but if the house was in fact early 1960s it might have missed the necessity for planning altogether.

(plenty of other references on this I'm sure, this just happens to be the first one that came when I googled) https://corasherlocksolicitors.ie/residential-conveyancing/what-you-need-to-know-about-planning-permission/

 

[azerty]

I'm aware of that. Thanks.

 

[Pmc365]

It sounds like Planning Permission wasn't required under the current legislation as the construction pre dated it but there were planning by-laws prior to the current Planning Legislation.
If you look at the Law Society's Requisitions on Title you will see they asked if the building was constructed ? pre-1964. If so, I don't think the purchaser's solicitor will ask for a copy of the Grant of Planning Permission as its not applicable.

 

[Leo]

If you look at the Law Society's Requisitions on Title you will see they asked if the building was constructed ? pre-1964.

Mid to end 60's would suggest that it was later, but the requirement for planning only comes into play if constriction started after Oct. 1st, 1964.

OP, have any other properties sold there recently? A planning search on the area would show up whether any others have had to seek retention.

 

[azerty]

Mid to end 60's would suggest that it was later, but the requirement for planning only comes into play if constriction started after Oct. 1st, 1964.

OP, have any other properties sold there recently? A planning search on the area would show up whether any others have had to seek retention.

Yes, I think it might be after, but I am not sure one way or the other. Yes properties have been sold in the area so I will look into this.

 

[lff12]

If you go to the planning desk in your local council & pay a small fee they will look it up, if they cannot find it you should escalate it to council management. They can and do "lose" planning applications but there are usually archive copies somewhere.