Can an Architect apply for planning for client ?

Home Forums Ireland Can an Architect apply for planning for client ?

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    • #711421
      Springer
      Participant

      Can an Architect apply for permission on behalf of a client where the client does not want to put his name and details etc on the forms etc.

      I remember somewhere that the R.I.A.I. do not allow this.

      Any help would be appreciated.

    • #817287
      Anonymous
      Inactive

      It is not an RIAI issue, it is I believe a legal issue. The actual applicant must be so named on the form or if being applied for by another legal entity a letter of permission must be issued (and lodged) by the said legal owner allowing the application to be made. Either way the identity of the owner will be known. In your case the architect can make the application but a letter permitting the architect to do so must also accompany the application. The relationship of the applicant to the owner will need to be identified. Failure to identify or truthfully record the reality can leave the whole application open to be considered illegal. This has serious consequences of a building is completed on this basis and found out later. It would have the effect of creating an illegal development. Our better read colleagues on the forum could correct me here.

    • #817288
      Anonymous
      Inactive

      Wasn’t it that move that made Desmond Fitzgerald famous ?
      Get the permission for a site, then offer it round to developers.

    • #817289
      Anonymous
      Inactive

      Spot on shadow

      An architect may only act as the agent of the developer.

    • #817290
      Anonymous
      Inactive

      i’m not sure that’s necessarily the case. An architect can act as the applicant but the forms require ownership to be declared. Question 7 of the DCC form, for example, requires the applicant, if not the owner of the site, to declare the owner of the site. That person may not, however, be the developer who can have a separate legal agreement with the owner going on in the background which could be triggered on receipt of planning

      if Springer’s client owns the site than the answer to his question is no. if not then the developer can remain in the background

    • #817291
      Anonymous
      Inactive

      In the background but not invisible…..

    • #817292
      Anonymous
      Inactive

      Yes the client who was a developer during the boom years and is quite solvent and owns the site in question and a lot of other zoned land in the area but does not want to appear as the applicant but will provide a letter of consent to be enclosed with the application.

    • #817293
      Anonymous
      Inactive

      the letter of consent thing is curious. What colour of line is to be put around this particular plot of land – red or blue?

      In any event, whether the land itself is subject to the application or forms part of someone else’s application, the legal owner of the site or sites has to be included on the planning application form.

    • #817294
      Anonymous
      Inactive

      @Springer wrote:

      Can an Architect apply for permission on behalf of a client where the client does not want to put his name and details etc on the forms etc.

      I remember somewhere that the R.I.A.I. do not allow this.

      Any help would be appreciated.

      The RIAI would require their members to uphold the law.
      It is a requirement of planning law that the applicant’s name be published
      The applicant’s name must be on the planning documents and must be stated in the public notices.
      However the other contact details of the applicant are not made available with the planning application.

      Even using a limited company requires its particulars, including the names and addresses of its directors to be given.
      If you are not the legal owner, you are required to state the name and address of the owner and include a letter of consent.

      This planning application form from Dun Laoghaire Rathdown County Council should clarify matters for you

      http://www.dlrcoco.ie/media/media,2764,en.pdf

      This page gives other relevant forms such as site notices and sample newspaper notice wording – marks out of ten for spotting the inconsistencies.

      http://www.dlrcoco.ie/aboutus/councildepartments/planning/applyforit/planningapplicationformsinenglish/

      ONQ.

    • #817295
      Anonymous
      Inactive

      @StephenC wrote:

      Spot on shadow

      An architect may only act as the agent of the developer.

      An architect may not be a contractor (at least that used to be the case).

      Yet it is clear that an architect may act as a director or developer or can be an owner.

      In this regard, having ownership of the land through a company or in his own name the architect could apply for permission.

      My understanding is that if the company’s ownership was based on a contract to purchase not yet executed, then the owner must be named

      However the OP’s question appears to wonder whether the architect could entirely represent a secret owner, who is someone else – this they cannot do.

      Shadows point above is relevant.

      One concern is that the planning process should be as open and transparent as reasonable and in that regard that the name of the owner should be made known.

      Another concern is that the applicant should have sufficient legal interest in the site to make the application, and that this cannot occur without the knowledge and consent of the owner.

      ONQ.

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