Architecture Certificate for new house from Receivership

Priti

Hello Property Experts,
Me and my husband have decided to go for a new house in decent locality in Dublin at reasonable price range. Everything looks to be going fine, mortgage is sorted out etc and we are in the final stage of signing contract .

However our solicitor tells us that since the house is now under receivership; they have not provided us with Arch. Cert. and this seems to be a risk for re-selling.
It's a new house but built 3/4 years back . Seems that Arch cert is available but receiver's solicitor can't provide it (may be because of additional liabilities).
The survey has been fine so far and as such the feedback from surveyor has been quite good.

So Acrh. cert. seems to be only hindering point. Any suggestions to go ahead or not ?

Thanks,
Priti

StillWaters

I'm Very surprised your lender is OK with this. If you ever go to sell, you will need to Certificate of Compliance with Planning and Building Regulations and it will be very very hard to get in retrospect.

Have you tried contacting the Architect directly? You might get their name from the original planning files.

Priti

Hello,

Thanks for your reply.
We do have the planning permission and the structure is approved.
What we do not have is structural gurantee against pyrites and the architectural gurantee against the work done in the house by professionals like the plumbers, electricians etc... - And I meant these Architectural certificates above, which are also kind of given when someone buys a new house.

What would be your suggestion now?
would you still suggest to check with the architects directly? as a must have?
And not to buy if we do not get those (as the builder has gone bust, we rarely hope to reach out to them directly)

Thanks again,
Priti

StillWaters

When you say the structure has been approved - by whom? That is normally contained in the Cert of Compliance which I think is what you are missing.

engineermike

Hi OP,
Its reasonable to expect both - Opinion on compliance with the planning regulations & the architects opinion on compliance with the building regulations.

If not available due to a receiver sale - request that they supply the certificates by getting a suitably qualified architect / or / engineer with adequate PI that will offer an 'opinion on compliance' for the home.
I wouldn't advise completing the sale with out them.

mike f

the_syco

Priti wrote: »

Seems that Arch cert is available but receiver's solicitor can't provide it (may be because of additional liabilities).

Personally, I'd be worried that the solicitor can't provide it due to something wrong with the house, and/or they don't have one (if it's so available why can't they give it to you?) and are stalling.

Priti

Hello,

Thanks for your replies and suggestions till now.
We got from the seller that they can provide the "Compliance certificate with Building Regulations".
Additional they have provided the opinion from an architect.

what they cannot provide is the certificate on "architecture foundation and supervision work" as the builder has gone bust and is not in a position to be reached for these papers.

Obviously the property is good in condition and has good value, but if you feel that it is a big risk (because it cannot be sold again due to these papers), I would like to back off.

Hence your advice is very critial. Please suggest.

Thanks again and regards,
Priti

StillWaters

Priti wrote: »

Hello,

Thanks for your replies and suggestions till now.
We got from the seller that they can provide the "Compliance certificate with Building Regulations".
Additional they have provided the opinion from an architect.

what they cannot provide is the certificate on "architecture foundation and supervision work" as the builder has gone bust and is not in a position to be reached for these papers.

Obviously the property is good in condition and has good value, but if you feel that it is a big risk (because it cannot be sold again due to these papers), I would like to back off.

Hence your advice is very critial. Please suggest.

Thanks again and regards,
Priti

In my view, once you have both those documents, ie compliance and certificate, you are ok to go ahead. I have had never even heard of the other missing document.

What does your solicitor say?

Priti

Hello,

The solicitor is asking for both certificates.
They say its not illegal to sell or buy without the architecture certificates. But it may lead to issues or bad position for us, when we go to sell the property. Especially if we want to sell it until it has completed some 10 years.
In other words, solicitor says that its a risk but not against law.

As the builder has gone bust, it seems we do not have a chance to get the architecture certs originally from those who constructed the house.

What would you say now?

Thanks,
Priti