"Pre-Contract Investigation of Title" (PCIT) Advisory Service

Frequently Asked Questions

• What is our "PCIT Advisory Service"?

  Our Pre-Contract Investigation of Title (PCIT) Advisory Service is the planning consultant’s first impression of the planning status of the property, which is based on a prima facie desktop review of the documents provided.

• Who carries out "Bonded" Planning Search"

  The Law Society of Ireland recommends that a “Bonded” Law Search Company is used to carry out planning searches.

  Engineering and Architectural practices are not “Bonded Law Search Companies” and the cost of engaging an enginner or architect to carry out a planning seach would be far more expensive then what a “Bonded Law Search Company” would normally charge.

  However, the Law Society of Ireland recommends that if “An Opinion on Compliance with Planning Permission” is required that the engineer and / or architect should visit and investigate planning files at the Local Authorities offices. Under the “PCIT” advisory service, we are providing a desktop prima facie review of documents and not “An Opinion on Compliance with Planning Permission” therefore the costs associated with doing a planning seach can be significantly reduced by using a Bonded Law Search Company.

  A “Bonded” Law Search Company who provides a planning search can be found here, https://www.dlslegal.ie/

   

   

• What is the Cost of our "Pre-Contract Investigation of Title" (PCIT) Advisory Service?

  The cost of “Pre-Contract Investigation of Title” (PCIT) Advisory Service is be based on the amount of time required to review documents provided, in order to answer your queries.

  The fee estimate is based on the solicitors / client original queries. If the solicitor / client have additional queries that have not been quoted for in the original fee estimate, we bill in 15 minute increments

   

• Can a "PCIT" Advisory Service "Confirm" that the planning status of a property is in order?

  No, a “PCIT” Advisory Service will only provide a prima facie “Heads-Up” as to whether the planning status of the property appears to be in order or not.

  In essence, for the planning consultant to “Confirm” that the planning status of a property and / or that third party planning certificate/s are correct transfers all the liability over to the planning consultant.

  Therefore, if a solicitor requires that the planning consultants “confirms” that the planning status is correct, this will require that the same due-diligence is undertaken as if a new “Opinion on Compliance with Planning Permissions and / or “Opinion on Compliance with Exempt Development” is produced from scratch, as if none of this work was carried out in the first place.

   

• Can the "PCIT Advisory Service" confirm that building regulations / bye laws are compliant?

  No, the “PCIT Advisory Service” is a desktop review of documents provided and does not include a physical  inspection of the property.

  However, if we are provided with the structural survey report for the property, we will be in a position to advise if there are any building defects that would raise concerns, with substantial building regulation compliance.

• Can the "PCIT Advisory Service" advise on the planning status of surrounding properties that may have an effect on the property you are buying?

  If required, we can advise on the planning status of other properties that may have an effect on your property.  However, this can get very expensive very quickly for the client, unless they know exactly what property they are concerned with. The client will need to pay for and provide a “Planning Search” report from a Bonded Law Search Company for each of the properties that they wish us to advise on.

  In regard to the planning status of surrounding properties, The Law Society of Ireland advise in their circular to solicitors that the client themselves make there own general enquiries on this matter.

• Does the "PCIT Advisory Service" include an inspection of the property and an inspection of all the files at Local Authority Planning offices?

  No, the “PCIT Advisory Service” is limited to a desktop review of documents provided.

• Should I be in the middle, passing on the solicitors queries to the planning consultant and trying to understand the seriousness or consequences of the planning consultants replies?

  No, absolutely not, unless you have experience in Planning and Development Laws and how to understand the “small print / disclaimers” and limitations contained in planning permissions and opinions on compliance with planning permission.

  From our experience, a client who is not familiar with Planning and Devevelopment Laws should not be in the middle trying to decipher what is really being asked and what the answers really mean as planning laws in Ireland are complex and opinions on compliance with planning permission are full with limitations and disclaimers.

  As advised in “Step 1” we always recommend that to avoid mis-understandings, we should always liaise directly with your Solicitor before any “Planning Advisory Service” is booked in.

• Why do I need a planning search from a "Bonded Law Search Company" in advance of a PCIT Advisory Service?,

  If the solicitor has planning related questions, we should also be provided with a relevant “Planning Search” report for the property from a Bonded Law Search Company

  The planning consultant will not be in a position to advise on planning status of the property unless we know what the planning history of the property is.

  An example of a Bonded Law Search Company who provides planning seacrh can be found here, https://www.dlslegal.ie/

• Why use a "Bonded Law Search Company" as opposed to a Planning Consultant to carry out the planning search of the property?

  Solicitors and / or planning consultants normally do not carry out planning or other searches for publicly available documents. It is quicker and more economical to use “Bonded Law Search Companies” who already have agents in these public offices collecting this information. Most Law Search Companies are also bonded and insured to stand over the planning searches that they carry out.

  However, there are limited cases (For example, if an engineer / architect is signing off on an “Opinion on Compliance with Planning Permission/s for a change of use of a building, or a new building, extension or alteration) “The Law Society of Ireland” recommends that the engineer / architect carry out the planning search on the property at the Local Authorties offices themselves.

  In addition, The Law Society of Ireland do not recommend for conveyancing purposes, that planning files are inspected on the Local Authority Website, as there is no statutory requirement that planning documents have to be uploaded or made available online by the Local Authorities.

• What should the Bonded Planning Search report include?

  There are numerous Bonded Law Search Companies in Ireland that Solicitor firms use to carry out legal searches on publicly available documents.

  The following is an important list of areas that we would request the Law Search Company to report on, so we would be in a position to reply to solicitors queries. If the Law Search Company does not or is unable to include the following information, it may prevent us from answering all your solicitors queries as some of the information may not be available to us.

  • What Should a Planning Search include?
    The more information that a planning search includes, will enable the Planning Consultant to better answer the solicitors queries.
  • Should the Planning search include a copy of the Final Grant/s of Planning Permission?
    Yes. The search should include a copy of “The Final Grant of Planning Permission/s.” These copies include a description of what the planning permission is related to and also a list of conditions that the Grant of Planning Permission has to abide by. The planning reference numbers on their own are not sufficient.
  • Should the Planning Search include a copy of the drawings submitted?  
  • Yes.

  • What if I cannot obtain the drawings as part of the planning search?
    Obtain drawings is not always possibe as some older drawings cannot be copied due to copyright infringenment and for some older files, the drawings may not be available. If the drawings are not available, it may inhibit the planning consultant comments on the plans that have been approved by the Planning Authority against what has actually been built on site.
  • Is there any Road Widening beside the property?
    The planning Search report should include details if there is any road widening being proposed or planning for beside the property.
  • Are there any Enforcements Actions or Warning letters issued against the property?
    The details pertaining to the enforcement actions and / or warning letters including the reference numbers, dates should be included. Also, if these have been remedies, a reference from the local authority stating this should be included.
  • Is the property on the Protected Structure List or on the proposed Protected Structure List?
    Yes, this information should be included in a Planning Search.
  • Is the property located in an area of special designation?
    Yes, If the property is located in a area of special designation this should be recored in the planning search. Area’s of special designation include, Special Area of Conservation, Special Protection Area, National Heritage Area. Architectural Conservation Area (ACA)
  • Is the Tree Preservation notice registered on the property?
    Yes, the Tree Preservation notice should be inspected.
  • Any CPO’s registered or Pending against the property?Yes, this should be included in the Planning Search. CPO’s are compusory purchase orders, in where the Local Authority has plans to compulsory purchase part of all of the property.
  • Is the Property subject to a Derelict Site Notice?
    Yes, if relevant the Derelict site notice should be inspected.
  • Is the property registered on the Dangerous Structures List?
    Yes, the Dangerous Structure notice should be inspected.
  • Is there a National Monument registered on the property?
    Yes, the National Monument registered should be inspected.

   

• Is Planning Legislation in Ireland starighforward?

  Planning and Development legislation in Ireland is complex and its interpretation and implementation is not always consistent. As a general summary, planning legislation applies if structural works (changes, alterations, extensions), or a change of use to the property, occur after 1st October 1964, under the Local Government (Planning and Development) Act 1963 and subsequent acts.

• Are changes or additions to a property, like small rear extensions, attic conversion, or sheds considered to be "Exempt Developments".

  No, changes or additions to a property like small rear extensions, attic conversions or sheds) are not automatically deemed to be “Exempt Developments”. All additions or changes are subject to Article 9 “Restrictions on Exemption” of S.I No. 600/2001 – Planning and Development Regulations, 2001.
  This means that simple changes that appear to be an exempt development would not be classed as an exempt development if there is any non-compliance issue/s with an existing Grant of Planning Permission for the property or if the change /addition contravenes Article 9.