Edel, Co Roscommon
A It’s not unusual for older properties to have missing or incomplete planning documentation. In many cases, the planning records weren’t digitised and paper files may have been lost over time, either by local authorities or former owners.
The absence of planning documents doesn’t necessarily stop a sale, though it can delay it, and your solicitor will need to carry out some additional checks.
Your solicitor will have to ensure the house was built in compliance with the planning laws and building regulations of the time. If any extensions were added, your solicitor will look for planning permission or a planning exemption, as well as a certificate of compliance from a qualified professional.
If some or all of this paperwork is missing, further steps may be required. In some instances, a solicitor may recommend applying for retention planning to formally regularise the works.
Your mortgage lender might also need reassurance. Some lenders will accept a statutory declaration for long-standing works, particularly if there’s no evidence of a planning issue. Others may insist on written confirmation from the local planning authority or even refuse to proceed without formal documentation.
So yes, missing documents can delay a sale while the legal position is clarified. Your solicitor will advise you on the risks before you commit to signing contracts.
Resolve rights of way issues early on. Photo: Getty
‘How do we stop right of way issues on a property that’s on a former farm?’
Q We’re buying a house that was once part of a larger farm. How do we make sure we will have proper access and there are no rights of way issues before we sign anything?
Cathal, Co Kerry
A When buying a rural property, particularly one that was once part of a larger landholding, it’s vital to confirm early on that there is legal access to the property and no unresolved rights of way or boundary issues.
These are some of the most difficult issues to resolve once a sale has closed – so it’s essential they are dealt with thoroughly in advance. Your solicitor will be able to guide you on whether access arrangements are clear and enforceable, and whether the title is good enough to proceed.
The solicitor will review the title and map to confirm whether the property has access to a public road. In rural areas, this access is sometimes over a shared lane or private road, and unless a legal right of way is recorded on the title, you could be in a vulnerable position – especially if a dispute with a neighbour arises in future.
Even if a right of does way exist, your solicitor will check that it’s sufficient for your needs, including access for vehicles and not just pedestrian access. If the right of way is based on long-term use but not formalised in writing, your solicitor may advise you to regularise it before proceeding.
Sometimes a physical inspection by a surveyor or engineer is advisable, to ensure legal boundaries match the physical ones and that there are no encroachments or unregistered rights.
A solicitor will make sure your rights are protected. Photo: Getty
‘Is conveyancing on a new-build easier than on a second-hand house?’
Q I’m purchasing a new-build home and the developer just says everything is “in order”. Is conveyancing on a new build really more straightforward than on a second-hand property?
Tara, Co Meath
A This is a common assumption, and, in truth, buying a brand-new home should be more straightforward. But new builds come with their own set of risks and considerations, so it’s important not to rely solely on verbal assurances.
Buyers often sign contracts before a new property is fully completed, and sometimes before construction has even started. This means you’re committing based on plans, specifications and show homes.
Your solicitor will need to review the building agreement, the contract for sale, and all planning documentation to ensure the property will be completed in accordance with planning and building regulations.
If the property is part of a larger estate, your solicitor will examine whether roads and services will be taken in charge by the local authority or whether a management company will be responsible for them and whether service charges will apply.
The developer should provide a certificate of compliance with planning and building regulations and your solicitor will also ensure the property comes with a valid structural warranty.
While you will avoid some of the unknowns that come with older properties, there are still legal and practical checks required with a new build. A solicitor will make sure your rights are protected and that the documentation is in place before you commit to anything.
Mike Stack is CEO of digital-first conveyancing firm Beam. Email your questions to [email protected]
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