When purchasing a property in Ireland, it’s essential to ensure that everything is in compliance with local planning regulations. This responsibility typically falls to the buyer or their solicitor. A planning search helps uncover any outstanding planning applications, decisions, or compliance issues that may affect the property, safeguarding your investment and avoiding future complications.
Who Conducts the Planning Search?
The buyer’s solicitor is generally responsible for conducting the planning search. This process involves:
1. Reviewing the property’s compliance with planning regulations.
2. Identifying any outstanding planning applications or enforcement notices.
3. Addressing any issues with the seller or their solicitor before the sale is completed.
By carrying out this search, the solicitor ensures the buyer is fully informed about the property’s planning history and any potential concerns.
How Can a Surveyor Assist Your Solicitor?
While a surveyor does not conduct the planning search, they play a crucial role in verifying compliance once certificates are obtained. Here’s how:
• Reviewing Certificates: If the solicitor receives Certificates of Compliance or Exemption, these can be shared with the surveyor before the survey. During their inspection, the surveyor will confirm whether the works carried out align with the details on the certificates.
• Identifying Issues: The surveyor will include in their report any property elements that do not meet building regulations or require compliance certification. For example, they might flag a front porch added without proper approval or documentation.
This collaborative approach ensures both legal and technical aspects of compliance are thoroughly addressed.
How Are Planning Searches Conducted?
There are several ways a planning search can be performed, usually through online or physical methods:
1. MyPlan.ie
MyPlan.ie is a centralized database managed by the Department of Housing, Local Government, and Heritage. It records all planning applications submitted since 2010.
Note: If a property was constructed after 2010 but the planning permission was granted earlier, it may not appear on MyPlan.ie.
2. Local Authority Portals
Each local authority maintains an online portal for planning applications. While these portals often contain basic records, they may lack detailed documents like elevations and plans. For older properties, the information might not be fully digitized.
3. Physical Searches
For records not available online, a physical search at the local authority’s planning office may be required. This can be time-consuming but is sometimes necessary to access detailed information. In such cases, hiring a specialist company to conduct the search can save time and effort.
Simplifying the Process
Understanding planning searches and compliance can feel overwhelming, but with the right professionals—your solicitor, surveyor, and if necessary, a search specialist—you can navigate this process smoothly. At ComplianceCertificates.ie, we specialise in providing Opinions of Compliance and Exemption Certificates, ensuring your property transaction proceeds without unnecessary delays or complications.
If you have questions about planning compliance, we’re here to help. We’ve got you covered!
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