Preparing to sell a house involves more than organising viewings, choosing an estate agent and agreeing an asking price. Before a property transaction can be completed, your solicitor may need to establish that the relevant property documentation is available and address any questions about the property's planning history, boundaries or compliance.
Discovering a documentation issue late in the conveyancing process can lead to additional enquiries, requests for reports and potential delays.
Taking time to review the position before putting your property on the market can help you identify issues early and establish what may need to be addressed.
1. Check the Planning History of Your Property
One of the first areas worth reviewing is the property's planning history.
If your home has been extended, altered or otherwise developed, it is useful to establish what planning permissions or other relevant documentation exist.
This may include records relating to:
Extensions and additional rooms.
Garages and other outbuildings.
Alterations to the property's layout or use.
Previous planning applications.
Conditions attached to planning permissions.
The appropriate checks depend on the property and the works undertaken. A property's age or the fact that a previous owner carried out the work does not, by itself, establish that all planning requirements have been satisfied.
If records are incomplete or questions arise, further investigation may be necessary.
2. Review Your Planning and Building Compliance Documentation
During a property sale, a solicitor may request an Opinion on Compliance with Planning and Building Regulations or other documentation addressing a specific concern.
An Opinion on Compliance is a professional assessment of the relevant planning and building regulation position, based on the information and scope of the work undertaken.
It is important to distinguish between planning permission and building regulations. They address different requirements, and documentation relating to one does not automatically establish compliance with the other.
If you have carried out alterations to your property, consider gathering any available permissions, drawings, certificates and records relating to those works.
Where your solicitor identifies a specific concern, obtain advice on the appropriate assessment required.
3. Have You Extended the Property?
Extensions are common, but they can raise questions during a property transaction if the relevant records are unavailable or the works differ from the documentation on file.
If you have added a kitchen extension, converted a garage, constructed an additional room or made other alterations, consider whether the relevant permissions and records are available.
You should not assume that every extension requires planning permission, or that every extension is exempt. The position depends on the circumstances and applicable requirements.
Where planning permission was required but not obtained, a retention application may need to be considered. Retention is not guaranteed, and the planning authority must assess the application.
Seeking advice early can help you understand the position before a buyer's solicitor raises questions.
4. Make Sure Your Property Mapping Is Appropriate
Property maps and boundary information can also become relevant during conveyancing.
A solicitor may need to establish that the property's identifying information and mapping are appropriate for the transaction. This can be particularly important where the property has been extended, the site layout has changed or questions arise about boundaries.
Land Registry compliant mapping may be required in certain circumstances. The appropriate mapping depends on the nature of the property and the specific requirements of the transaction.
If you have concerns about the property's mapped boundaries or identifying information, discuss them with your solicitor and an appropriate professional before proceeding.
5. Consider Whether a Planning Search Is Needed
A general planning search can help establish relevant information about planning applications and decisions associated with a property.
This may be useful where you want to investigate the planning history or where your solicitor requires further information during the conveyancing process.
The scope and findings of a planning search depend on the records available and the particular search undertaken. It should not be treated as a substitute for every form of planning or building compliance assessment.
If you are unsure what your solicitor needs, clarify the request before commissioning a search.
6. What If You Discover a Documentation Problem?
Finding an issue does not automatically mean that a sale cannot proceed. However, the appropriate response will depend on the nature of the issue, the property's history and the requirements of the transaction.
Possible next steps may include:
Obtaining copies of existing planning records.
Arranging a planning search.
Commissioning an Opinion on Compliance.
Reviewing the property's mapping.
Investigating whether planning retention needs to be considered.
Obtaining a specific certificate or report requested by your solicitor.
These services are not interchangeable. The best starting point is to establish exactly what is missing or what question needs to be answered.
You should also keep your solicitor informed so that the legal requirements can be considered alongside the engineering assessment.
7. Why Deal with Property Documentation Early?
Addressing documentation queries before a sale progresses can provide more time to gather records, arrange inspections and understand what further work may be required.
It can also help you avoid commissioning unnecessary reports or making assumptions about the documents needed.
Every property is different, and there is no universal checklist that guarantees a transaction will proceed without queries. Nevertheless, reviewing the position early is a practical step for homeowners preparing to sell.
Property Documentation Support from Mulqueen Consulting
Mulqueen Consulting provides engineering consultancy services to support property owners dealing with planning, compliance and mapping requirements.
Whether you need a planning search, an Opinion on Compliance, advice about planning retention or assistance with Land Registry compliant mapping, the first step is to establish the particular requirement for your property.
If you are preparing to sell your home in Galway or elsewhere in Ireland, contact Mulqueen Consulting to discuss your documentation requirements and identify the appropriate next steps.
