Illegal glazed porch.

Thanks were thinking we may do that. it's good of you too answer.

Regards Jackie .

Do some research before you panic and do something you may regret and lose yet more money. A lot will depend on how long it’s been there.  The Council can’t make you do anything if it’s more than 4 years.  If noaction is taken by the Town Hall at the expiration it becomes legal.  If it’s on a community and there have been other alterations then a precedent has been set. We had a similar situation a few years back and the agent refused to refund our deposit. We lost €3000.    This property had had a outdoor store at the rear and no one told us until we got to the Solicitor the day before the notary.  The agent knew about it and tried to divert us away but after we withdrew and the morning we were supposed to go to the notary they produced a copy of the minutes of a residents meeting where permission for said extension was mentioned.  This was sufficient to be deemed consent and therefore we could not pursue the return of our deposit.

The way the Town Halls operate here I would go so far as to say you will be lucky to find a property that is not illegal in some way.   You are supposed to get permissions for EVERYTHING.  Kitchens bathrooms external tiling, pools paint8ng, walls/fences and I refuse to believe that a licence has been applied for most diy jobs that have been carried out.   The Town halls are very good at spotting external works but how can they realistically police internal works.

What’s the worst that can happen? You are unlikely, albeit not impossible to be asked to remove it.  So you do, end of.  If you think it will devalue the propertythen negotiate with the Seller to reduce the cost, better still, get the Seller to regulate the position before you buy it.

Don’t just walk away from something you were obviously attracted to in the first place without considering a solution.  You could end up out of pocket disappointed and stuck for something completely legal.   There may be an alternative to just running a mile.  Just saying!!

I don’t think there is any need to apply for retrospective planning permission. As I mentioned it depends on how long it has been there and if more than four years no action required.  Complimentary tax would be peanuts in comparison.   All I am saying is think through before withdrawing and endeavour to find a more favourable solution.  All is not lost.

From our lawyer.   Perhaps google the information.   No tax was mentioned during the discussion we had.

Thank you for taking the time to reply, this has given us food for thought. Kind regards Jackie.

Hi Jackie,

The same thing is now happening with me.  The Community has refused to grant permission to get it registered at the Town Hall, as the vendor who I am buying from took it on herself to build this glazed porch without informing the Committee.   So the Committee have refused to this now but this Community who has refused it they all have glazed porches down the street that I am buying.

It will be discriminating if they ask me to take the porch down they will have to do it with the rest too!

This porch is more than 5 years old.

I am going to see if I can get an Architect and do it in the Town Hall myself.

You need to go to the AGM Meetings of this Community.

My Lawyer is trying to negotiate with the vendors solicitor for the taxes (4yeats) to be paid.

I have already spent a lot of money getting my paperwork sent from London and given my deposit etc.

If anyone can help me and give me advise it would all help.

Many thanks and hope it all works out gor you.

Hi,

The same thing is happening with me but the glazed porch is more than 5 years old and the Community has not granted the permission to get it registered due to the person not taking permission from the Community snd just erected it herself now she is selling to me and the Community are refusing to get it legalised and they all have porches themselves.

What do you think I should do.  Please can you reply urgently as I have to make a decision this weekend.

Thank you very much for your reply

Hi Nigella,

Coincidentally, I'm just reading an article in a local magazine about planning issues and there's an architect advertising his services for obtaining retrospective licences for property extensions at a fee of €270 + IVA.  It may be worth giving him a call:

www.martinezdelacasa.com

It's not a recommendation, as I haven't used his services, but it could be a useful place to start.  

By the way, I'd be telling the vendor that they have to pay for this, as the non-compliance is of  their making and they would have the same issue with any other prospective purchaser.

Kind regards, 

Kim

Many thanks Kim.

Regards