HOUSEHOLDERS in Galway have been stunned to learn that a 'no sale' clause imposed when they got planning permission means they are not allowed to sell their homes in this lifetime, nor will their children be able to put the properties on the market.
The planning by-law was imposed in the 1970s to discourage people from building one-off houses in scenic areas of Co Galway. Now, as the homeowners grow older, more and more people are realising that they are unable to sell or will their most valuable possession.
"My own house is totally useless to me, " says Tom Griffin, 53, who lives six miles from Clifden. "It's my only asset, apart from a few acres of rock.
And I can't do anything with it." Griffin and his wife, both natives of the area, were unaware of the clause when they were awarded planning permission in 1988. "We were just so excited to get the planning, we had no idea that this would be imposed on us, " he told the Sunday Tribune. "I would never have signed the form if I had known."
Griffin was further devastated to discover that his house is subject to a 'multi-lifetime' clause, which also prevents his children from selling it after his death.
"It's unreal altogether, " he said. "I mean, if you shoot someone dead and you're put in jail for life, the sentence is still only 25 years. I cannot believe that this is affecting my children. You wouldn't find that in Russia. There are so many horror stories around here just like mine."
A further repercussion, he said, is that his children are unable to apply for a mortgage as no bank will accept his house as collateral.
The issue of 'no sale' clauses will soon be reviewed by Galway County Council, and local Fianna Fail councillor Josie Conneely said he will be campaigning for the time-span to be reduced to seven years.
"I would be fairly confident that we will be successful in this, " he said. "People need us to be successful."
Until then, local auctioneer John O'Brien said that clients will continue to be disappointed. "We have so many sales falling through at the last minute, because the buyer's solicitor advises them that they will not have proper entitlement to the property, " he said. "It's having huge repercussions on the community, because everyone is stuck where they are.
"I think people thought that if they had a legitimate enough reason to sell, the council would facilitate them, but that just hasn't been the case."
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