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Solicitor dealing with compliance issues

  • 12-12-2016 6:15pm
    #1
    Registered Users Posts: 223 ✭✭


    Hi There

    First time posting on this forum hoping for a bit of advice, we are in the stages of buying a home and the layout internally of the house is different to the pre-approved plans issued by the council.

    They are also compliance issues in regard to some items flagged by our surveyor.

    Would anybody be able to assist me with a solicitor who would have some experience in this area please.

    I would be grateful if you could pm me any contact details.

    Thanks in advance for your help.


Comments

  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    Here's the best advice I can think of, and I'm no solicitor - run a mile. It will break your heart to put things right.


  • Registered Users, Registered Users 2 Posts: 1,175 ✭✭✭kieran.


    Very few houses have no issues unless its a new build, so i would not necessarily run a mile just yet ! as Kristopherus recommends .
    the layout internally of the house is different to the pre-approved plans issued by the council.

    This would not generally be an issue as long as the foot print is the same,the house has not been sub divided into multiple units or additional floor space has been added.
    They are also compliance issues.

    What sort of compliance issues have they outlined?

    Also if you add which part of the country your in that may help people assist you.


  • Moderators, Home & Garden Moderators Posts: 10,145 Mod ✭✭✭✭BryanF


    Here's the best advice I can think of, and I'm no solicitor - run a mile. It will break your heart to put things right.

    Hold on a sec!

    The op hasn't told us what the compliance issues are?


  • Registered Users Posts: 223 ✭✭peterobrien100


    Hi Everybody

    Thank you for your posts, first off all I am not running a mile every house I have looked at to purchase has have had issues and i have had to pull out of 2 x sales already this year.

    Second of all the solicitor is no longer operation and was very good and helpful and I am hoping to get a recommendation from someone that has been in the same situation as myself.

    The Structural survey has unfortunately raised a few issues with regard to compliance and building regulations.

    In order to speed up this process and to see what the vendor will do I contacted the estate agent who sent on all correspondence to the vendor's solicitor they will not deal with me directly on the request I have put in below so I need to appoint a legal representative on our side.

    The following documents in relation to the works carried out on the house and the garage conversion I have requested.

    • Certificate of Compliance with Planning Permission for any extension or alteration to the dwelling
    • Certificate of Exemption with Planning Permission for any extension or alteration that does not require planning
    • Certificate of Compliance with Building Regulations for the dwelling or any extension

    This will determine the situation and all I am looking for is absolution during this process from the existing property issues.

    I am fully prepared to rectify and amend the issues to make them compliant but I have been advised by my surveyor that
    is the job of the vendor and I would like to get this matter resolved.

    Now as I said above would anyone know of a good solicitor dealing in compliance issues to please PM myself

    Thanks again for all your comments


  • Registered Users, Registered Users 2 Posts: 23,544 ✭✭✭✭mickdw


    This is bread and butter stuff for any solicitor dealing in conveyancy.
    Just appoint a local solicitor. They will handle the the case and if the appropriate certs cannot be issued immediately due to compliance issues, the vendor may decide to make required alterations or alternatively, they may say take it or leave it. At that point, if you are borrowing, it will likely be a show stopper. If not borrowing, well you have a decision to make.
    I work in exactly this field, surveying works and certifying also.
    It is rare that a house wouldn't have a planning or building regulation compliance issue.
    Smaller, easily rectified stuff like soffit vents missing tend to not be an issue in terms of the sale going ahead. missing fire escape windows for example can result in a price drop to to get the sale done.
    If you have a house where the regulations have generally been disregarded, it's best to walk away.
    In terms of planning compliance, retention permission is very often required before completion of sale.


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  • Moderators, Society & Culture Moderators Posts: 39,977 Mod ✭✭✭✭Gumbo


    Hi Everybody

    Thank you for your posts, first off all I am not running a mile every house I have looked at to purchase has have had issues and i have had to pull out of 2 x sales already this year.

    Second of all the solicitor is no longer operation and was very good and helpful and I am hoping to get a recommendation from someone that has been in the same situation as myself.

    The Structural survey has unfortunately raised a few issues with regard to compliance and building regulations.

    In order to speed up this process and to see what the vendor will do I contacted the estate agent who sent on all correspondence to the vendor's solicitor they will not deal with me directly on the request I have put in below so I need to appoint a legal representative on our side.

    The following documents in relation to the works carried out on the house and the garage conversion I have requested.

    • Certificate of Compliance with Planning Permission for any extension or alteration to the dwelling
    • Certificate of Exemption with Planning Permission for any extension or alteration that does not require planning
    • Certificate of Compliance with Building Regulations for the dwelling or any extension

    This will determine the situation and all I am looking for is absolution during this process from the existing property issues.

    I am fully prepared to rectify and amend the issues to make them compliant but I have been advised by my surveyor that
    is the job of the vendor and I would like to get this matter resolved.

    Now as I said above would anyone know of a good solicitor dealing in compliance issues to please PM myself

    Thanks again for all your comments

    Doesn't sound like an issue to me. Every single second hand home pre purchase survey will have this request. It's a simple thing for the vendor to provide.


  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    Most of the above is very simple stuff for any solicitor who does conveyancing work OP.

    Having said that no-one can give you recommendations until you say what part of the country you are in!

    P.S. Although they may not like the hassle of dealing with you directly it's pretty rich of the vendors solicitors to say that they will only talk to another solicitor. It's not really any skin off your nose because you will need one anyway but still ... more than a little self important!


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