There are some common assumptions that many of us take on good faith, and when it comes to buying a home, those assumptions could end up leaving us with the burden of expensive, unanticipated repairs. It isn’t just a matter of the previous owner neglecting to keep up with maintenance, but even they could have purchased the home with numerous undocumented or compliance issues.
Planning permission issues in Ireland are unfortunately quite common, and thousands of homes have all sorts of issues, such as unauthorised works. Naturally, these issues can be quite problematic, and you may be subject to consequences such as issues with your mortgage drawdown, non-compliance with your home insurance policy, face difficulties for future planning applications, and the eventual resale of the home down the line.
A professional pre-purchase survey conducted by qualified engineers and surveyors can identify these issues before you finalise the transaction, giving you peace of mind that you’re getting a fair deal for the property and are aware of any necessary or desired remedial works that must be completed.
Why Planning Permission Issues Are Common in Second-Hand Homes
Homeowners commonly assume that small projects don’t require any planning permissions. Perhaps a little shed in the rear garden is no issue, but building a large, habitable granny flat is another story entirely. It could also be the case that older projects were completed long before (or just before) planning rules were established or tightened, so they may predate current planning compliance. If a project was completed under “exempted development,” it isn’t necessarily compliant – it may be provided that specific conditions have been met, which is often overlooked by homeowners.
Planning compliance for second-hand homes is essential for catching any such works. Things like attic conversion planning permissions in Ireland can be fairly strict, and usually for good reason, but that still doesn’t stop a lot of homeowners from going ahead with full conversions and ignoring any required certifications.
If the previous owner (or even earlier owners) made such changes, the liability still falls upon you, the buyer. A professional engineer report can help you catch things like unauthorised extensions in Ireland and sort out any pre-purchase survey planning problems before you make a deposit and finalise the purchase.
Common Planning Permission Problems Found in Pre-Purchase Surveys
Only around 60% of all Irish homebuyers retain a pre-purchase survey before buying a home, and while it is not a legal requirement, it is nevertheless strongly recommended.
What are the most common pre-purchase survey planning problems that prospective homebuyers and engineers in Ireland come across? Here are a few of the top ones:
1. Unapproved Extensions
Sometimes, single-storey and two-storey extensions are built without the requisite planning permissions. Other times, extensions are not built in compliance with the building code (e.g. Building Control Act, 2014) or their usage is not in line with permitted utilisation as per zoning laws or local council planning authorities.
Extensions which exceed exempted development limits or have poor documentation, or worse, are missing certifications altogether, can hamper future extension plans and, in some cases, may need to be demolished.
2. Attic Conversions Done Without Compliance
Attic conversion planning permission in Ireland is fairly strict when it is required. In many cases, it is considered an exempted development so long as the conversion does not drastically alter the external appearance of the roof and no structural changes are made to the roof. Basically, things like adding insulation or carpet, or fitting a Velux window to the rear of the roof, do not require planning permission.
Converting an attic into a habitable space usually does require planning permissions, and they’re always necessary when making structural changes to the roof such as adding a gable or adding a window to the front or sides of the roof. Non-compliant attic conversions often lack structural approval, can pose serious fire safety breaches as there are non-compliant escape routes, and they’re often listed on rental websites as “bedrooms.”
3. Garage Conversions Without Permission
A garage is intended to store your vehicle and be a non-habitable space, although it’s fairly common to store belongings there. Small changes to a garage often don’t need planning permission, but significant changes do. Things like changing its intended use (e.g. converting it into a living space) normally involve significant work, as garages are typically not insulated or structurally sound for uses other than storing vehicles.
Homeowners with a converted garage may face challenges such as having the home’s BER certification affected, issues with their home insurance policy, or getting mortgage approval.
4. Altered Internal Layouts
One of the most common planning permission issues in Ireland is a home with an altered layout. Again, marginal changes like decor or painting interior walls are no big issue but tearing down a load-bearing wall or making changes to the foyer or staircase, for example, requires adequate planning permission.
Structural changes like these can affect the structural integrity of the home, affect fire escape routes, and the work may or may not be in compliance with the building code.
5. Boundary Changes or Encroachments
Property conveyancing and the legal transfer of land entail verifying the property cadastral and its boundary lines. While it’s just invisible lines on a map, there are real-world implications that sometimes get blurred over the years. Gardens or fences may be located incorrectly and encroach on adjacent properties or public right-of-way or easements. Shared walls could be modified incorrectly and cause encroachment of one property onto another.
Planning compliance for second-hand homes involves verifying all of these important matters so as to avoid issues from solicitors and, quite likely, property disputes that may arise in the future.
6. Windows or Doors Changed Without Permission
Adding new windows or doors might not seem like such a big deal, but they do affect the structural integrity of a home as they enlarge openings and modify the load-bearing characteristics of the home. Adding a window or door (or multiple) requires permission, not only for structural reasons (important) but also for privacy reasons. Side-facing windows overlooking neighbouring properties could be considered a violation of privacy by local planning authorities.
Replacing an existing window does not require planning permission, but installing a new window in an opening made to an existing wall does. Some exceptions exist, but non-compliant windows and doors can invalidate exempted development status.
7. Non-Compliant Sheds / Outbuildings
A little shed, greenhouse, or other ancillary building does not generally need permission so long as it’s erected in accordance with Planning and Development Regulations. What sometimes happens, however, is that homeowners exceed these regulations and build a shed that’s too large, for example.
Outbuildings such as sheds must not be located in the front garden (only the rear garden), exceed 3m (flat roof) or 4m (pitched roof) in height, or be used for habitable purposes. Granny flats and rental units, commercial activities, and storage of poultry or livestock are prohibited and homeowners must apply for planning permission for any of these non-conventional uses of outbuildings on their property.
Why Planning Compliance Matters for Buyers
Planning compliance is something that prospective homebuyers might assume falls on the current homeowner (the seller), so it’s nothing to worry about. This is not the case at all; homebuyers are responsible for the actual condition of the home, which could include inheriting a laundry list of issues from previous owners and one or more cases of non-compliance.
Some of the potential issues that a homebuyer may face include:
- Stalling your mortgage drawdown
- Void insurance policy or higher premiums
- Solicitors telling you not to purchase the property or refusal to sell
- Planning retention and the potentially high costs of regularisation
- Lower resale value
- Challenges getting planning permission for future works
Once you’ve finalised the purchase of the home, all of these could come back and hit you with a vengeance. A pre-purchase survey helps you avoid them.
How a Pre-Purchase Survey Identifies Planning Problems
Pre-purchase home surveys are thorough and comprehensive, looking at all essential elements of a property, inside and out. Engineers check for the following during an inspection:
- That all physical structures located on the property match with planning records
- If works fall under exempted development and are valid
- If there are visible structural risks due to illegal modifications
- That there is adequate attic safety, presence of fire escape routes, and sufficient structural support
- Boundary lines are correct and in accordance with cadastral mapping, and that there are no encroachments
- The presence of poor workmanship, which often means DIY or unauthorised builds
- Compliance with Irish Building Regulations
Homebuyers get full clarity before finalising the purchase of their new home, and a pre-purchase survey gives peace of mind and can help them renegotiate the sale price, request retention from the seller, or simply to walk away from the transaction.
When You Need Planning Regularisation (Retention Permission)
Planning regularisation (or retention permission) is a process which lets homeowners apply for planning permission after works have been completed which did not have the requisite permission. To deter people from making unauthorised alterations or modifications to their property and doing this instead of requesting planning permission properly in the beginning, the fee for applying is three times higher for retention permission.
Just like with normal planning permission applications, retention permissions are not automatically guaranteed, although a large majority of applications do get approved. The local planning authority uses the same criteria to assess the application, and the timeline may be the same provided that you’ve submitted everything accordingly and the works are compliant with all relevant standards.
Avoid Costly Planning Permission Mistakes and Retain a Pre-Purchase Survey in Cork from BCE Consulting
There are many visible issues that could become your responsibility when purchasing a second-hand property, and a great deal of invisible ones that could end up costing you potentially tens of thousands of euros to remediate.
Planning issues are important to know about, ideally sooner (before signing any contracts) rather than later (after the key is in your hands!). Pre-purchase surveys are the best way to confirm any existing planning compliance problems before spending your hard-earned money, and they give you peace of mind about the actual (not stated) condition of the home.
Schedule a pre-purchase survey with BCE Consulting in Cork today.
Recent Comments