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 Post subject: Sale Agreed again; fingers crossed
PostPosted: Wed Apr 26, 2017 9:56 am 
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Too Big to Fail
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I've gone Sale Agreed for a third time. House is Blackrock, Cork.

Last two fell through, once because seller pulled out and once after being gazumped. It was discussed here viewtopic.php?f=10&t=66045&hilit=sale+agreed&start=0

Dropping my refundable 10K deposit in to EA today so fingers crossed.

It's executor sale, need to get engineer report done, etc so not getting too excited yet..


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Wed Apr 26, 2017 10:17 am 
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Planning Tribunal Attendee

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Crossing everything for ya. I know you've been looking in BaBaBla (Cork's own RaRaRa) for a while!

You'll be strolling around Blackrock farmer's market on a Sunday before you know it, an O'Flynn's sausage in one hand and an O'Connaill's hot chocolate in the other, with bidding wars being nothing but a bad memory.


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Wed Apr 26, 2017 10:26 am 
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Of Systemic Importance

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Location: SthDub
Best of luck


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Thu Jun 15, 2017 9:44 am 
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Too Big to Fail
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So to update on this:

My engineer found they got zero planning permission for the garage and attic conversions or the kitchen extension.

It's taken over a month for their engineer to confirm same and to lodge the retention permission with the council this week.

They expect it to take 3 months to go through.

My solicitor tells me they have to receive retention as the works were done over 7 years ago. The issue is not all the rooms will be deemed habitable space if they don't confirm with today's building regs (not the regs that stood when they were built apparently!). This then would lead to insurance issues and me having to pull out of the sale.


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Thu Jun 15, 2017 9:56 am 
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Single Home Owner

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TheJackal wrote:
So to update on this:

My engineer found they got zero planning permission for the garage and attic conversions or the kitchen extension.

It's taken over a month for their engineer to confirm same and to lodge the retention permission with the council this week.


You noted three items:
  • Garage conversion
  • Attic conversion
  • Kitchen Extension

My understanding was that all three of these items could fall under exempt development for a typical house.

e.g. Dun-Laoghaire Rathdown County Council FAQ:
Quote:
Can I convert my garage to living accommodation without permission?
Yes. Subject to the provisions of Part 1 of the 2nd Schedule to the Planning & Development Regulations 2001 N.B. Garage must be attached to the dwelling.
(Page 156 - 157).

Quote:
If I build an attic conversion do I need permission?
Normally no. However, if work involves dormer windows, permission is needed. If velux windows proposed to the rear, it is exempt. If velux windows proposed to the side/front elevation it is not exempt.


However, I'm not certain regarding the accumulation of all these items in a single house.


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Thu Jun 15, 2017 12:43 pm 
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Too Big to Fail
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Yes, part of the delay was confusion over what was exempt or not.

Bay windows they inserted in room over the garage need permission. Also an argument about head height not being enough to be called habitable space.

Kitchen extension length could have been over the 40 sq m limit so then need permission.

I've not seen the retention application yet so will see what they deemed necessary then


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Thu Jun 15, 2017 6:00 pm 
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Planning Tribunal Attendee

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GAH, expected this thread resurrection to read 'Got my keys today'

I've seen similar before, albeit in Dublin, where an accumulation of exempt alterations added more than an allowable square footage. Attic and kitchen were declared exempt and retention was obtained for garage.

Just an issue of patience really, good luck!


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Mon Jun 19, 2017 5:21 pm 
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Back Home with Mammy

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You have a decision to make here Jackal - wait for retention or go ahead with the sale. That might sound reckless but if this is your forever home then i wouldn't be too worried, you will likely get a discount on the price with a bit of haggling and you can always get retention later down the road.

Insurance wont be an issue either way you go - theyre not interested in whether the house is extended with planning etc.


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Tue Jun 20, 2017 9:37 am 
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wellboy wrote:
You have a decision to make here Jackal - wait for retention or go ahead with the sale. That might sound reckless but if this is your forever home then i wouldn't be too worried, you will likely get a discount on the price with a bit of haggling and you can always get retention later down the road.

Insurance wont be an issue either way you go - theyre not interested in whether the house is extended with planning etc.


The issue for me is potential non compliance with building regs

- let's say they get retention but are told room built above garage doesn't meet minimum head height to be called "habitable space". Same with attic.

Can you still insure the house for these, and if there is an incident and people have been living in these rooms, will they pay out?


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 Post subject: Re: Sale Agreed again; fingers crossed
PostPosted: Tue Jun 20, 2017 9:42 am 
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Under CAB Investigation

Joined: May 2, 2008
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I'd say most houses don't meet the building regs, especially the older ones.

BTW, when we bought our house, there was no planning for the extension. Just applied for retention a few years later and got it.


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