You have found your new home, a once-off dwelling, and your offer has been accepted. It is a very exciting time but can also be a little daunting. But what next? This guidance highlights areas a buyer should consider when buying a once-off dwelling.

What is a once off dwelling?

A ‘once off dwelling’ is generally a stand-alone house located outside urban areas that is serviced by private services, for example a well, septic tank and percolation area- and this comes with its own advantages and challenges. The aim of this article is to highlight and guide a buyer through the sometimes trickier aspects of a once off dwelling.

What should I consider?

1. Build your team: You will regularly hear this advice, but it is important to get your team in place and appoint your solicitor and surveyor early. Your solicitor is there to help and guide you through the purchase.
2. Map the property: Your solicitor will receive the Contract for Sale and a copy of any relevant title deeds from the seller’s solicitor, and the title will include a map. It is a good idea for the buyer to walk the property with map in hand and to discuss the map, boundaries and the location of the services with their surveyor. Any concerns should be brought to the attention of the solicitor.
3. Survey: It is very important that you employ an architect, structural engineer or building surveyor experienced in house surveying to survey the property. The reason for this is that in Ireland the seller is not obliged to disclose any physical defects with the property, it is the responsibility of the buyer to satisfy themselves as to the state, condition and repair of the property. You should ask for a written report and arrange a sit-down meeting with your surveyor to explain the contents of the report and any risks. No property is perfect, but some defects are greater than others, and as a buyer you will want to factor in the costs of any required remedial works to your purchase price.
4. Septic Tanks or Domestic Wastewater Treatment Plants: It is important that your survey includes an inspection of the services on the property and that you ask for copies of any maintenance or service records for the treatment system or well. The reason for this is that problems with treatment systems can be very costly to resolve, if they can be resolved at all. Any concerns should be discussed with your surveyor and solicitor. If issues arise, your surveyor may be able to advise you as to whether a new septic tank and percolation area could be installed within the site and the approximate cost.
5. Planning and Building Regulations: It is important that the property complies with planning and building regulations. If the property does not, this is known as a ‘defect on title’ and this can negatively impact your purchase and your ability to secure a mortgage on the property. It is important to inform your solicitor if you believe that the property has been extended or developed so that when your solicitor is reviewing the compliance documents received with the contract, they can check that the documentation covers any extension or alteration to the property.
6. Access: If the property does not directly connect to the public road, you should let your solicitor know and they can advise on the right of access to the property.
7. Your solicitor will review the Contract for Sale and investigate the title to establish whether the property has what is known as a “good and marketable” title. They will discuss and advise you on any concerns they may have and can guide you through the purchase.
8. As a buyer, if you are interested in learning more about surveys, your solicitor can give you a copy of a very helpful guide Client Memorandum Re: Surveys of Houses or Apartments, by Rory O’Donnell and published by the Law Society of Ireland.

Remember

A cautious buyer will consider these issues and discuss them beforehand with their solicitor and surveyor to progress their purchase secure in the knowledge that they are happy with their purchase and their new home.

Eleanor McKiernan is a Partner at Augustus Cullen Law LLP and is based in Gorey and Wicklow. She practises mainly in the areas of property and probate. Eleanor is a member of the Conveyancing Committee of the Law Society of Ireland.

Disclaimer: Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted warranted or implied by the author, publishers or the Law Society of Ireland in respect of any errors, omissions or misstatement. Readers are advised to seek independent professional legal advice before buying/selling a property.