Planning Law Issues in Conveyancing Transactions

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.

Part 1:

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?

Part 2:

1. Planning Issues and Solutions – Denise Healy

a) Unauthorised development- Options:

• Retention;
• The “seven-year rule” and the disadvantages of relying on same;
• Demolish;
• 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

1. What form should an architect’s certificate or opinion on compliance take?
2. Who can certify compliance?
3. What about exempt development?
4. What should you do if the opinion on compliance is qualified?
5. What evidence of compliance is required when the Building Bye-Laws apply?
6. What evidence of compliance is required when the Building Regulations apply?
7. What do you need for a once- off house that opts out of the BCAR Regulations?
8. Do you need a certificate of compliance where there is retention permission?
9. Do you need to obtain evidence of compliance with conditions in a fire safety certificate?
10. 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

1. Requisition 2.2a-c;
2. Practice of certain local authorities no longer providing letters regarding roads.
3. 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?
4. What happens if the estate is not in charge and the bond has expired?
5. Is evidence of compliance for individual unit sufficient or is compliance for entire estate required?
6. Guidelines for accepting an undertaking in relation to financial conditions.
7. Section 180- possible saviour for estates not in charge?