Planning Law Issues in Conveyancing Transactions

Seminar on 5 October:

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?

Seminar on 12 October:

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?