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Planning Law Issues in Conveyancing Transactions Webinar

Chaired by Patrick Sweetman

4 General CPD hours
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About this course

This seminar 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.

Course Syllabus

Part 1 Webinar:

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 – Suzanne Bainton

  • 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 Webinar:

3. Planning Issues and Solutions – Denise Healy

  • Unauthorised development- Options:
  • Retention;
  • The “seven-year rule” and the disadvantages of relying on same;
  • Demolish;
  • Accept and qualify certificate of title.
  • Specimen Special Conditions to deal with planning issues;
  • Consequences of breach of the General Condition 32 Planning Warranty;
  • 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?
  • Overview of planning enforcement
  • Section 160 injunctions
  • What is a Section 47 Agreement?

4. Compliance with planning and building control – Suzanne Bainton

  • 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?

5. Roads and Services in charge and Compliance with Financial Conditions – Suzanne Bainton

  • 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?

Book Now

For quality and assurance purposes, this webinar is available until 30/01/2025

Course DatesLocationPriceSpaces LeftBook

30/01/2025 00:00 - 00:00

On-Demand Webinar €130.00 496

Meet the panel

Suzanne Bainton

Partner, Liston & Co. Solicitors

Denise Healy

Senior Associate at Kearney Roche & McGuinn LLP

Patrick Sweetman

Consultant Solicitor

Planning Law Issues in Conveyancing Transactions