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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2209
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I want to build a house on my grandfathers land. My

Customer Question

Hi, I want to build a house on my grandfathers land. My grandfather has absolutely no problem with this but I am wondering which is the best way to go about this legally. the first option was to transfer the land to my name and then apply for planning permission, but some people are telling me that if I do that, I will get caught for capital gains tax, and after that, I might not get the planning at all which would make the whole thing not worthwhile and a waste of time and money. other option is to build with consent from my grandfather, only problem with this is that the land is going to my mother in the will. so I could build with my grandfathers consent but the land itself will go to my mother. what would your advice be? thanks John
Submitted: 4 months ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 4 months ago.

Firstly, the only options is for the land to be transferred to you for a number of reasons

1. The bank will not finance a mortgage to build a house in a situation where you do not own the land. They will need the land to be in your name.

2. Ultimately, as you correctly point out the land and as a consequence will become the property of your mother

In relation to your tax query. You will not be caught for Capital Gains Tax. Potentially you could be liable for Capital Acquisitions Tax on the gift but only if the site is worth in excess of €30,150.00 You grandfather could potentially be liable for CGT depending on the value of the site.

Also there is nothing to prevent you making the planning application while the lands is in your grandfather's name and transfer it after. Be cognisant that this will increase the lands value however if granted

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