The Law Society Standard Conditions of Sale 2023 relating to the sale of property are very specific on Planning matters.
Under the terms of the contract, General Condition 32 states a Vendor warrants that:
- during their period of ownership there has been no developments to the property for which planning permission was required or compliance with Building Regulations was required, or
- if there was such a development, planning permission was obtained and all conditions were substantially complied with and that the terms of any Building Regulations have been substantially complied with, and
- the Vendor is not on any actual notice of any breach or non-compliance of planning legislation or building regulations affecting the property. Matters which were made known to the Vendor when they purchased/acquired the property must be disclosed.
However, whilst this warranty is welcome, it would be extremely careless for a Purchaser to rely only on the same without carrying out a full planning search before signing contracts as a Purchaser is deemed to be on notice anything appearing on the planning register. In addition, not all Vendors will be actually aware of a breach or non-compliance with planning legislation. E.g. where the registered owner has died and the property is being sold by a legal personal or where the property is being sold by a receiver or liquidator.
For this reason, all Purchasers should ensure that they or their solicitor carries out a full planning search prior to contracts being signed. To contact one of our solicitors about this or any other matter please call us at 01 873 5012 or email us at info@mcgrathmullan.ie
Related articles from McGrath Mullan:
- Irish Grant of Probate, foreign domicile
- Risks when buying property at auction
- Commercial Property: Tenant’s Renunciation of Entitlement to Long Term Lease
- Three Requirements for Divorce in Ireland
- First-Time Buyers: Financial Help, Legal Advice, and What to Expect
- Probate and the Rights of Co-Habitants
- Risks when buying property at auction