These two webinars will provide you with a practical guide to the planning law issues which typically occur in a conveyancing transaction. They are intended to alert you to the problems and pitfalls which can occur in day- to-day practice.
1. Pre-Contract Title Investigation – Denise Healy
- Pre- contract enquiries: what is the level of enquiry which should be sought in the case of ordinary residential property and commercial property?
- Analysis of replies to the 2019 Requisitions on Title from a planning perspective including new Requisitions re Vacant Site Levy.
2. 2019 Edition Conditions of Sale – Patrick Sweetman
- Review of General Condition 31 – disclosure of notices
- Detailed dissection of General Condition 32 – the planning warranty - to include considering the responsibilities of the solicitors for both parties and the appropriate apportionment of risk;
- Requirement to amend rather than delete General Condition 32 if planning defect disclosed;
- Consequences of a breach of General Condition 31 and the General Condition 32 warranty
- Planning searches: limitations, warning letters, enforcement notices, compulsory purchase orders, protected structures, areas of special conservation and other specific designations: how do you advise?
1. Planning Issues and Solutions – Denise Healy
a) Unauthorised development- Options:
- The “seven-year rule” and the disadvantages of relying on same;
- Accept and qualify certificate of title.
b) Specimen Special Conditions to deal with planning issues;
c) Consequences of breach of the General Condition 32 Planning Warranty;
d) Accepting amendments to General Condition 32 in the context of a Certificate of Title:
- What is the Conveyancer certifying in the Certificate of Title?
- When should you be qualifying title?
e) Overview of planning enforcement
f) Section 160 injunctions
g) What is a Section 47 Agreement?
2. Compliance with planning and building control – Patrick Sweetman
- What form should an architect’s certificate or opinion on compliance take?
- Who can certify compliance?
- What about exempt development?
- What should you do if the opinion on compliance is qualified?
- What evidence of compliance is required when the Building Bye-Laws apply?
- What evidence of compliance is required when the Building Regulations apply?
- What do you need for a once- off house that opts out of the BCAR Regulations?
- Do you need a certificate of compliance where there is retention permission?
- Do you need to obtain evidence of compliance with conditions in a fire safety certificate?
- Is it necessary to see copies of confirmations referred to in an opinion of compliance?
3. Roads and Services in charge and Compliance with Financial Conditions – Patrick Sweetman
- Requisition 2.2a-c;
- Practice of certain local authorities no longer providing letters regarding roads.
- Letter from local authority confirming road in charge but that water services now a matter for Irish Water. What additional confirmation, if any, is required?
- What happens if the estate is not in charge and the bond has expired?
- Is evidence of compliance for individual unit sufficient or is compliance for entire estate required?
- Guidelines for accepting an undertaking in relation to financial conditions.
- Section 180- possible saviour for estates not in charge?