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Free Guide to Hiring a Real Estate Lawyer
Boyle is a market town in County Roscommon with a mix of older housing stock, new residential developments and ongoing small to medium scale construction work. Housing, construction and development law in Boyle is shaped by national Irish legislation and by local planning and building-control practice managed by Roscommon County Council. Legal issues can arise at many stages - buying or selling a house, renting, obtaining planning permission, building or renovating, dealing with defects or disputes with neighbours or contractors. Understanding the main legal rules that apply locally helps homeowners, landlords, developers and contractors manage risk and comply with statutory requirements.
People seek legal help in housing, construction and development for many reasons. Common situations include:
- Buying or selling property - advising on title, contracts, searches, conditions of sale and completion. Many properties in County Roscommon are registered in the Land Registry or the Registry of Deeds and a solicitor will check title and prepare closing documents.
- Planning permission, appeals and enforcement - advising on planning applications, making submissions, appealing decisions to An Bord Pleanála, or responding to enforcement notices from Roscommon County Council.
- Construction contracts and progress disputes - negotiating and drafting contracts, advising on payment disputes, and using remedies under the Construction Contracts Act and other relevant rules.
- Building regulation compliance - advising on compliance with Building Regulations, providing defence in enforcement or prosecution, and helping obtain Certificates of Compliance and fire safety documentation.
- Defects and warranty claims - pursuing a contractor or developer for defective works, or defending against claims. This can include contractual claims or claims in negligence.
- Landlord and tenant issues - rent review, termination, deposit disputes and dispute resolution through the Residential Tenancies Board.
- Boundary and neighbour disputes - resolving rights of way, easements, nuisance complaints and boundary disagreements.
- Development finance, site sales and joint ventures - negotiating agreements for development financing, site acquisitions, options and profit sharing arrangements.
While national Acts govern most substantive rules, local implementation and processes are carried out by Roscommon County Council and by national bodies. Key legal areas you should be aware of include:
- Planning law - Planning permission is required for most new development and many changes of use. The Planning and Development Acts set out the legal framework. Roscommon County Council is the planning authority for Boyle. Smaller works may be exempted development but you should check the exemptions carefully. Decisions by the council can be appealed to An Bord Pleanála.
- Building Regulations and building control - Building Regulations set technical standards for design and construction covering structure, fire safety, accessibility, ventilation and energy performance. Compliance with building control processes is required, including commencement notices and, where relevant, fire safety certificates, and a completion process with certificates from architects or engineers.
- Environmental protections - Certain developments require environmental assessments such as an Environmental Impact Assessment or Appropriate Assessment where habitats or protected sites could be affected. Proximity to lakes, rivers and protected habitats around Boyle can make such assessments relevant.
- Construction law - Contractual relationships are governed by the contract terms and by statutory protections, including rules aimed at ensuring payment for contractors and subcontractors, and processes for adjudication in payment disputes.
- Landlord and tenancy law - Residential Tenancies law governs landlord and tenant rights and obligations, registration of tenancies and dispute resolution through the Residential Tenancies Board. Landlords must also be aware of registration and safety requirements for rented properties.
- Title and land registration - Property title in Ireland is recorded either in the Land Registry or the Registry of Deeds. A solicitor will carry out searches, check any encumbrances and advise on any covenants or planning restrictions affecting the property.
- Heritage and protected structures - Boyle and surrounding areas may include protected structures or conservation areas. Special rules apply to works affecting protected structures and those working on such buildings may need specific consents.
- Local authority housing schemes and supports - Roscommon County Council administers housing supports, grants for adaptation or repair and schemes such as housing assistance payments. Eligibility and application processes are handled locally.
Not always. Minor works and certain small extensions may be classified as exempted development under national planning rules. However many extensions, new houses and changes of use do require planning permission. Even where works are small, local site conditions or planning restrictions can mean permission is needed. Check with Roscommon County Council or consult a planning solicitor or architect before starting work.
You should instruct a solicitor to perform a title search with the Land Registry or the Registry of Deeds. The search will reveal the registered owner, any mortgages or charges, covenants, easements or other restrictions on title. A solicitor will also advise on any planning or enforcement issues linked to the property.
Compliance typically includes following technical standards in design and construction, submitting required notices to the building-control authority and obtaining necessary certificates on completion. You will usually need design and construction documentation from an architect or engineer and proof that works meet fire safety and energy performance standards. Your builder and design team should be familiar with the regulations and the local building-control process.
Roscommon County Council decides most planning applications. If your application is refused or you wish to appeal a decision, the appeal is made to An Bord Pleanála. It is often helpful to seek planning advice or legal representation when making an appeal.
Your remedies depend on the contract and the facts. You can pursue contractual claims for breach of contract, seek damages, or obtain injunctive relief in serious cases. If payment or performance disputes arise, the Construction Contracts Act and dispute resolution processes may apply. It is advisable to keep written contracts, records of correspondence and photographs of the works.
Yes. Landlords should register tenancies and comply with Residential Tenancies law, including deposit procedures, notice requirements and standards for rented properties. Tenancy disputes are generally resolved through the Residential Tenancies Board.
If the council believes development has been carried out without proper permission or in breach of conditions, it can issue an enforcement notice requiring remedial action or removal. You have rights to make submissions and you may appeal certain enforcement decisions. Ignoring an enforcement notice can lead to fines or prosecution, so seek legal advice promptly.
Yes. Works that affect the character of a protected structure typically require planning permission and may also need specific conservation guidance. You should consult the local authority and consider engaging conservation architects or specialists when planning works on protected buildings.
Yes. Land is often sold with planning permission in place which can increase its value. If purchasing, ensure your solicitor checks the planning permission documents, any conditions attached, and the timeframes for commencement. Also confirm whether consents are transferrable and whether any development contributions or conditions remain outstanding.
Roscommon County Council administers housing grants and supports such as adaptations for older people or people with disabilities, and repair or improvement grants in certain circumstances. A solicitor or local housing officer can advise on eligibility and application processes.
Below are key bodies and organisations for further help and information. Contact them for official guidance, forms and detailed procedural information.
- Roscommon County Council - local planning and building-control authority for Boyle.
- An Bord Pleanála - national planning appeals board.
- Residential Tenancies Board - tenancy registration and dispute resolution.
- Land Registry and Registry of Deeds - property registration and title searches.
- Office of the Planning Regulator - guidance on planning policy and local development plans.
- Environmental Protection Agency - environment and assessment guidance where environmental impacts are a concern.
- Royal Institute of the Architects of Ireland (RIAI) and Engineers Ireland - for qualified design professionals.
- Society of Chartered Surveyors Ireland (SCSI) - valuation and surveying advice.
- Construction industry representative bodies - for contract forms, technical guidance and best practice.
- Citizens Information - general guidance on housing rights, tenancy law and local supports.
- Law Society of Ireland - for a directory of solicitors specialising in property, planning and construction law.
If you need legal assistance in Housing, Construction and Development in Boyle follow these practical steps:
- Gather documents - collect title deeds, existing planning permissions, building plans, contract documents, correspondence with contractors and any notices from the council.
- Get a local solicitor with relevant experience - look for a solicitor who handles property, planning or construction matters in County Roscommon or nearby. Ask about their experience with Roscommon County Council and An Bord Pleanála matters.
- Early professional advice - consult with an architect or engineer before submitting planning applications or starting building works. Early engagement can reduce the risk of non-compliance and unexpected costs.
- Check statutory obligations - ensure required registrations, notices and certificates are in place for landlords, builders and developers.
- Consider dispute resolution - where disputes arise seek legal advice promptly about negotiation, mediation, adjudication or court proceedings. Many construction disputes can be resolved by timely negotiation or alternative dispute resolution.
- Budget for fees and timelines - legal, planning and construction processes take time and carry costs. Your solicitor can outline likely timelines and fee estimates for your particular matter.
Legal issues in housing, construction and development can be complex but are manageable with the right team and advice. If you are unsure how to proceed, arrange an initial consultation with a solicitor experienced in property, planning or construction law to clarify your position and next steps.
