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help, structural indemnity on direct labour

  • 01-12-2008 6:44pm
    #1
    jwt
    Registered Users, Registered Users 2 Posts: 849 ✭✭✭


    Please feel free to PM on this as it's in the legal realm

    House we are buying was a self build direct labour.

    No HB 11 Homebond cert

    No Premier guarantee

    Bank are adamant that there must be such a thing. They have stipulated that they will accept either of the two above or a "builders certificate of registration" with the CIF. Again this doesn't apply to a self build via direct labour.

    What they will NOT accept is the architects certificate of compliance or his indemnity insurance.

    A couple of things strike me about this.
    1 How does anyone ever sell a house if they self build?

    2 From speaking to other people this is an unusual request.

    We are now in the ticklish position of not being able to close and loosing our 10% deposit :(

    JWT


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    jwt wrote: »
    We are now in the ticklish position of not being able to close and loosing our 10% deposit :(
    Check with your solicitor if it is "subject to loan".

    The way to go about self-building is to have an engineer to supervise construction and to get Homebond or similar.

    But I hate self-builers. :)


  • #3
    muffler
    Registered Users, Registered Users 2 Posts: 46,321 ✭✭✭✭muffler


    Im going to leave this one open for a wee while but for anyone posting a reply dont get involved in the legalities of the issue.


  • #4
    RKQ
    Registered Users, Registered Users 2 Posts: 2,292 ✭✭✭RKQ


    If the structure complies fully with its Planning Permission and it complies fully with the Building Regulations, Documents A to M, then it is a legal structure.
    Anyone certifiying compliance of same with full PI insurance, should be acceptable to the Banks.

    Discuss this with your Solicitor.


  • #5
    muffler
    Registered Users, Registered Users 2 Posts: 46,321 ✭✭✭✭muffler


    jwt wrote: »
    House we are buying was a self build direct labour.
    Is this a new house? If so can you establish the qualifications of the person who supervised the construction and if there was a mortgage on it before now.
    jwt wrote: »
    What they will NOT accept is the architects certificate of compliance or his indemnity insurance.
    It is odd but as stated above you need to find out a few details. Some lending agencies look for people with varying qualifications so you could possibly look at going to another lender.

    jwt wrote: »
    1 How does anyone ever sell a house if they self build?
    The normal is to have an engineer/architect/technician supervise the works and issue the statutory certs at the end of the project.


  • #6
    jwt
    Registered Users, Registered Users 2 Posts: 849 ✭✭✭jwt


    @ Muffler, thanks for leaving it open.

    @ others thanks for the PMs

    It is a new build, never been lived in, only certs appear to be architects cert who certified it meets building regs. This was sufficient, apparently, to allow stage payments etc to be issued by owner/selfbuilders mortgage company.

    Qualifications of Architect were Dip. Arch. Tech. RIAI(tech)

    Looks like either the bank have tightened up on this stuff or I've just met a pig of an underwriter :(

    JWT


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  • #7
    muffler
    Registered Users, Registered Users 2 Posts: 46,321 ✭✭✭✭muffler


    jwt wrote: »
    Qualifications of Architect were Dip. Arch. Tech. RIAI(tech)
    This may be at the root of the problem. AIB, IIB and one or two others wont accept a technician (it wasn't an architect who supervised the house initially). The person who built the house obviously had a mortgage from a different lender who do accept technicians for supervising and signing off.

    I have this problem all the time. I can supervise and certify till the cows come home for most of the lenders but there are about 20% of my clients getting mortgages from certain lenders and they wont accept me for the supervision. I just have to refer the clients to someone else.

    JWT, to protect your 10% deposit I would suggest you look to a different lender and one who will accept an architectural technician for signing off.


  • #8
    jwt
    Registered Users, Registered Users 2 Posts: 849 ✭✭✭jwt


    The plot thickens!

    Apparently there is a different document called a "letter of supervision" that should have been issued to the original lender while or after the house was being built to get final payments etc.

    Funnily enough a Google on "letter of supervision" immediately threw up lots of mortage forms from most of the Irish lenders.

    And this post
    http://www.boards.ie/vbulletin/showthread.php?p=57934438

    JWT


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