Q&A

Your property questions answered.

Our buyer completed the sale and then pulled out

We found a buyer for our house who paid the full deposit and signed contracts. The completion date on the contract came and went and two months later, despite a "completion notice" from our solicitors, she is not going through with the sale. What can we do? We can now keep the deposit (our solicitor has told us) although the buyer's solicitor has requested it back. Can we make her go through with the sale? If we put our house back on the market we feel we are unlikely to now get as good a price.

You are in a strong position. The completion notice "has run" - which in layman's terms means that the date has passed by which time the buyer had to complete the contract and buy your house. According to Fiona Thomas, conveyancing solicitor at Taylor and Buchalter Solicitors, you can now do either of two things: keep the deposit and walk away, or sue for performance of the contract. She says the latter almost never happens in residential transactions - it's different in commercial property - but when it comes to house sales, solicitors commonly advise clients not to take the matter further but to simply keep the money - which is what your solicitor has done.

These days that is a substantial amount and it should be enough to cushion you should there be a fall in the house price. On the day the buyer signed the contract she would have been made aware of what would happen if she didn't go through with the sale. The fact that her solicitor has asked for the deposit back is neither here nor there. All of this is the letter of the law - there is nothing to stop you, if you wish, giving all or part of the deposit back.

Why has she pulled out of the sale? If it's just because she's gone off your house, well tough. But if you discover she can't go through with the sale due to some unforeseen or tragic event such as a bereavement or illness then you might, when your house has finally sold, give some of the deposit back to her as a gesture.

It's up to you. But for now, cut your losses, take the deposit and get your estate agent on to the case - the first phone call being to the underbidder.

How many additions can I make to my home?

If I obtain planning permission for an attic conversion in a bungalow of 50sq m (538sq ft), including the addition of two dormer windows, can I still later add a sub 40sq m (430sq ft) extension to the rear of the building as an exempted development?

Putting a room in an attic is considered a conversion to a property - not an extension - which is why, according to architect Declan O'Dwyer of O'Dwyer & Jones Design Partnership, attic conversions are not generally considered to be relevant when it comes to the 40sq m (430sq ft) floor area exemption limit.

So, yes, you could extend at the back without planning permission once your new extension conforms to the sub-40sq m (430sq ft) rule and the various other normal conditions relating to height, usage and so on.

He cautions, however, that you contact your local planning authority to discuss your particular situation.

• Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or email propertyquestions@irish-times.ie.

Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.