It’s understandable that compliance with planning may not be the first issue on the minds of anyone buying or selling a property, but it’s a very important issue for your solicitor. They must ensure that the property you’re buying or selling complies with the Planning and Developments Acts that were first introduced by the Government in 1963. Their purpose is to regulate building and development works that occurred after 1 October 1964.

Whether you’re buying an apartment, a cottage in the country, a house in an estate or building your own, special consideration must be given to this issue. Why? Because if your property was not built in compliance with the planning permission granted for it, or the conditions imposed by that permission were not followed, then the planning laws have been breached – with potential serious consequences. A breach of planning laws, for instance, could delay the sale and purchase of the property.

Other issues can arise when seeking to take out a mortgage for a property that does not comply with the planning laws. The bank may not be willing to lend as the planning problem could reduce the property’s market value.

Another consequence of non-compliance with planning is the possibility that the Local Authority or a member of the public could seek to bring enforcement action for lack of planning permission or failure to comply with planning. The passage of time can reduce the threat of enforcement action but it doesn’t solve the problem, and this could become an issue for someone considering buying with the intention of carrying out work to the property for which planning is required.

Take for example a one-off house. If you have built a house you will have applied for planning permission that will have conditions attached. You must show evidence of compliance with those conditions when selling it. In most cases, you will have had an engineer or architect confirm compliance with those conditions when the house was constructed. They will do this by issuing a signed certificate or ‘Opinion of Compliance’ with planning permission. They will not, however, certify compliance with any financial conditions contained in the planning permission. That is a matter for you to confirm and will require a letter from your Local Authority confirming compliance.

Other issues include additional works carried out to the property since its construction or after you purchased it. For example, did you build an extension to the property or extend into the attic, or perhaps you built a garage in the back garden? If so, did that work require planning permission?

If not, why not – was it exempt from planning? If so, that work needs to be certified as exempt by a suitably qualified person. It’s important to remember that any works carried out must also be done in compliance with all relevant Building Regulations.

If you’re thinking of selling, it’s advisable to look at your Grant of Planning Permission, or any other planning documents or notices relating to your house that you might have received from the local council. This is to ensure that you’re aware of any conditions that needed to be satisfied. You will have to engage an engineer or an architect to certify compliance – this is not something your solicitor can do.

When you are selling a property, your solicitor must give an accurate account its planning history for the property to the buyer’s solicitor. When entering into a contract with a buyer, you’re giving a very important warranty that during your period of ownership:
• There has been no development that required planning, or
• The property has been built in compliance with planning and building regulations, and
• You are not aware of any non-compliance or breach of the Planning Acts.

Your solicitor will discuss these matters in detail with you when you visit them. Having as much information as possible for the solicitor will save time, allowing for a full review of the property to be carried out.

From a buyer’s point of view, it’s vital they have full knowledge of the planning history of the property so that any problems can be identified and dealt with before entering into a contract for sale.

Your solicitor will be happy to guide you through the process of buying or selling, and will help you navigate the tricky area of planning compliance.