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Terms and Conditions for a Planning Consultancy

This service includes a search of the documents available from the Local Planning Authority for a specific property, to provide planning information as specified.

Terms and Conditions

1. Service Provision overview

i) Report

a) The principle objective of the report is to inform a buyer on planning information required for conveyancing. The report will focus on specific queries submitted by your solicitor, where relevant.

b) This service is provided to assist in determining if the planning history for a specific property is in order. The planning consultancy may include:

    • The status of any planning permission applications for the property
    • How is the property zoned in the County Development Plan
    • Planning restrictions on the property such as designations for an architectural conservation area or an area of special planning control.
    • Dangerous structures, derelict site notices, or national monuments on the property
    • Whether the property is a listed or protected structure
    • Tree preservation attached to the property
    • Flood risk for the property
    • The probability for potential radon presence in the area
    • Visual evidence of oversailing
    • Visual evidence of way-leaves / rights of way

Using our best judgement and experience we can also provide you with information in your report on the items listed below which are under the control of the Local Authority:

    • Road widening or road construction that would affect the property.
    • Compulsory Purchase Orders (CPO’s) attached to the property.
    • Enforcement notices attached to the property.
    • Have roads / water services been taken in charge?

If you or your solicitor require written confirmation on certain issues relating to the local authorities, for example CPO’s attached to the property or have roads/service been taken in charge, etc., the local authorities will charge fees for each request which normally ranges between €25 – €90 per letter.  If necessary, we can obtain these letters for you if subsequently required. (Section 2.2 refers)

ii) Required property visit

a) A visit to the property is required for this service to enable the engineer to compare and contrast the actual property with the reviewed plans and documents.

b) Relevant observations on the comparison will be included in the report.

iii) Planning Consultancy

We communicate with your solicitor to answer planning questions.

 

2. Limitations of Detailed Planning Search, Property Visit and Planning Consultancy

  1. The Local Planning Authority and other third-party sources (SEAI, EPA, Land Registry, OPWC) supply the information or documentation that is used to provide a Planning Consultancy report. The required files/records at Local Authorities may be incomplete, documents may have been misfiled, removed, altered or be unavailable.  Different planning authorities in Ireland also have different methods of keeping and presenting records; therefore, we do not warrant the accuracy or completeness of the information or data.  Our planning search is limited to the files available from the Local Authority, or other files provided by your solicitor.
  2. Fees charged by a Local Planning Office and other third parties are not included in the quotation.  If fees are incurred, they will be charged on to you directly and added to the service quotation fee. Any additional fees will be shown separately on your final invoice as third party fees.
  3. When a planning permission refers to an entire multi-unit or apartment block complex, housing estates or multi-unit commercial centres, the detailed planning search will be restricted to the individual unit only and not the entire development.
  4. One property visit is included in this service to provide a visual walkthrough to check for compliance with planning permission.  It is not a building survey.
  5. It is important to be aware that the Planning Consultancy can reveal issues that need further investigation and would require you, or your solicitor, to commission other inspections or reports.
  6. Photos in the report are solely provided to enable a client to better understand what is being referred to e.g. zoning map, alterations not included in planning files. If you wish to copy any or all the photo’s out of the report, you will have to right click over each individual photo and copy to a new location.
  7. If the engineer makes a comment in the report on areas not covered under the terms and conditions, it is provided for limited information purposes only and should not, under any circumstances, be deemed conclusive.
  8. It is important that you request your solicitor to communicate with us directly.  This helps to avoid any confusion or misinterpretation of the solicitor’s requirements.
  9. The consultancy included in this service is for planning related issues.

3. Price and Payment

  1. Valid numbered quotations are provided in writing and are valid for thirty days from the date of issue. The quotation is a net figure and is subject to VAT at the current rate of 23%.
  2. Payment can be made by credit card, debit card, and Electronic Funds Transfer (EFT).
  3. Payment for the quoted fee is actioned on the day of the booking for credit and debit cards.
  4. EFT payments must be received in full before work can be passed on to the planning department.
  5. Payment of any notified additional local authority fees will be taken as a second separate payment.
  6. If any other services are recommended following the search, they will be quoted for separately, and will be charged separately.

4. Additional Associated Services

  1. The Planning Consultancy Service does not include the writing or re writing of certificates on compliance.
  2. If required certificates on compliance can be provided for an additional fee dependent upon what is discovered during the Planning Consultancy and site visit.
  3. The cost of the additional service will be dependent upon the complexity of the issues involved.

5. Report Issue

  1. The length of time report issue will take varies depending on file availability at the Local Authority Office.  Some files may have to be ordered from archives which can take up to 2 weeks before they are available for viewing.
  2.  Reports are issued to you and / or your solicitor by email in PDF format.

6. Termination

  1. Upon payment our planning department will immediately begin researching the property.
  2. Cancellation and refunds will only be actioned at the discretion of Property Health Check.

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