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Dispute over proposed Engineer Report

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  • 21-12-2015 1:11pm
    #1
    sailing
    Registered Users Posts: 232 ✭✭


    I've recently put a deposit down on a new build that is due for completion mid 2016. My solicitor has contacted me to say that he is not happy about the proposed Engineer Report on the property as it will not comply with the new regulation of March 1st 2014. Developers saying with commenced in Feb 2014, three days before the new regs came into effect. Can anyone advise where to go with this? Work on the house I bought prob only commenced three or four months ago. It's a phase one house.


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    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Take your solicitor's lead on this one. If they believe that the property is required to be compliant with the newer regs, then it probably is. You will need to go back to the builder with a list of amendments to the build in order to bring it up to scratch.

    If you go ahead and take the house without the amendments anyway, the possibility exists that you will have to pay for these changes out of your own pocket if your new house doesn't conform to regs and the local council tells you to fix it.


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    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,416 Mod ✭✭✭✭Gumbo


    sailing wrote: »
    I've recently put a deposit down on a new build that is due for completion mid 2016. My solicitor has contacted me to say that he is not happy about the proposed Engineer Report on the property as it will not comply with the new regulation of March 1st 2014. Developers saying with commenced in Feb 2014, three days before the new regs came into effect. Can anyone advise where to go with this? Work on the house I bought prob only commenced three or four months ago. It's a phase one house.

    What most likely happened is that the developer lodged the commencement notice before the SI9 requirements kicked in on 1st March 2014.

    Once he commenced that phase of the project and your house is included in phase one then he is not required to lodge another commencement notice for your particular house.

    I am inspecting some estates that are still ongoing even though the lodged a CN before the new control regs commenced.

    Where is the estate OP, I *might* be able to pass on some inside information ;)
    seamus wrote: »
    Take your solicitor's lead on this one. If they believe that the property is required to be compliant with the newer regs, then it probably is. You will need to go back to the builder with a list of amendments to the build in order to bring it up to scratch.

    If you go ahead and take the house without the amendments anyway, the possibility exists that you will have to pay for these changes out of your own pocket if your new house doesn't conform to regs and the local council tells you to fix it.

    The LA will not get involved to a great extent here. If there's a valid CN on the old system and the CN covered the correct amount of houses under the phase the LA will be happy with the CN as it stands.

    The Building Control Authority cannot retrospectively tell anyone to lodge another CN as the works are already complete. You've got to remember that the 2014 changes where to the Control Regulations, not the Technical Regulations.


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