Q&A

Tell me more about executor sales

Q I’m interested in purchasing a small plot of land (suitable for a house) which is on the market in my locality. The site is 0.5 acres and between two houses but rural. I approached the estate agent and asked about planning. The agent said that the site will be sold but the sale will not be subject to planning as it is an executor’s sale and that I would be taking a risk if my bid was successful. The estate agent said I should put a “realistic” offer to secure the sale. Could you give me some info regards executor sales?

A The fact that this is an executor’s sale means the planning issues are a separate matter. An executor’s sale happens after the death of the owner when the executor of the will puts the property on the market as part of the process of settling the estate. Typically, people who buy a site for a specific purpose (like a house) will only buy the site if it either has full planning permission or outline planning permission for what they require. If there is neither, sellers usually sell “subject to planning permission being granted” which means that planning can be applied for, and the sale only goes ahead if it is granted. A site without planning permission is a field. The planning process can take a long time and it appears in this case that the executor wants the land sold as quickly as possible. If you buy it, you could indeed be taking a great risk.

If you are determined to go ahead, get some advice from the planning department in the local authority. There could be restrictions on the site: it might be for local use only. You will also be able to check if planning permission was ever refused on the site. In this case the agent has given you solid advice but in general do not look to the estate agent for planning advice, it’s not their job or area of expertise.

What can I do about dirty tenant?

Q The tenant in the apartment upstairs carries a bicycle up and down the stairs, bashing it off the woodwork, marking the carpet, etc. I tried talking to them but to no avail. This sort of behaviour will ultimately cost all the owners money in terms of service charges. What can I do?

A Look at your lease, it could be that there is a section prohibiting bicycles indoors in there somewhere. The management company has ultimate responsibility for setting and enforcing the house rules. According to the National Consumer Agency, procedures for dealing with complaints in relation to the house rules should be clearly outlined and communicated to all owners and residents by the company directors. Depending on the lease or the management company’s articles of association, house rules may be changed by the directors or by a vote at the company’s AGM. In other words, talk to other owners about changes that need to be made to the lease, if any; discuss methods of enforcement (admittedly difficult in the case of people bringing bikes indoors); contact the landlord if possible and make known your complaints; and see if a secure bike park can be incorporated into your outdoor space.

Your questions

Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie. This column is a readers’ service and is not intended to replace professional advice.