Selling with planning violation - how to remedy?

Wrd1993

New Member
Messages
2
Hello,
We are about to put house we own (built 10 years ago not by us, inherited) on the market. We found out that the house has no waste system (puraflo system) installed, just a plain septic tank. We have been advised no one will be able to get a mortgage on the house because of this.

The problem is the company supposed to do it back then aren't in business anymore and a local company doesn't seem to want to touch it. They've said the planning has expired after 7 years so doesn't need to be done which my solicitor disagrees with.

Just wondering if anyone has experience with this and can advise? Should we just stay put until we can afford to put it in ourselves (around 9k the engineer said)? Will that cause problems too when the time comes to sell?
 

Saavy99

Frequent Poster
Messages
629
If you have cash buyers, reduce the asking price accordingly and they can apply to put new sewage system in.
Otherwise you will just have to put it in yourselves. It won't cause problems when you come to sell just make sure your certification is in order.
 

Leo

Moderator
Messages
11,866
The local company aren't all that familiar with the legislation. For developments where planning permission was granted, the 7 year clock only starts at the end of the expiry of the planning validity, and so is 12 years in reality. Also, that window refers to the LAs ability to initiate enforcement and force you to bring the development into compliance. Some people mistakenly believe once the window expires, you effectively have permission. After the enforcement window, any subsequent planning sought on the site will raise the issue again and the LA will likely refuse any development until the situation is resolved to their satisfaction.

The legislation around septic tanks and waste water treatment supersede any previously granted planning also. So any cash buyer will be warned by their solicitor of the problem. The solicitor will look for proof that the tank is registered. Some might even fear that the site will not meet current standards for percolation and will walk away.

If you now put in place a system that complies with the planning you were granted, you shouldn't have any problems with selling.
 

Wrd1993

New Member
Messages
2
Thanks everyone, very helpful. I live in a small village and would be happy to reduce the price for a cash buyer but I'd say they are few and far between. I also don't want to list the house and have to take it down and do the system as I'd be afraid it would put people off that it was already up when relisting. Will look at doing it myself, I wonder is there any grant available?

Sorry just checked my emails I thought it was a local company but it was actually Triscel who took over from Bord na Mona (who were originally supposed to do it) who didn't want to do it. I will contact them again.
 

Leo

Moderator
Messages
11,866
and would be happy to reduce the price for a cash buyer
If it's a €9k fix, you might have to drop the price by €20k+ to tempt someone.

i wonder is there any grant available
There are grants available to remedy issues, but they are administered by the LAs, so your failure to comply with planning might rule you out. The tank would also have to have been registered back in 2013 to be eligible.
 
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