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Selling house - certificate of compliance with building regs?

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  • 02-04-2017 12:45pm
    #1
    Registered Users Posts: 8,369 ✭✭✭


    I didn't see a FAQ or sticky on this so starting a new thread. I bought a new house in an estate in 2005. Cash buyer - no mortgage. I haven't modified the property, no extensions etc. Now I am thinking of selling and am looking into the process. I believe I need a certificate of compliance with the building regs and that I could run into some difficulty if I don't have this. I have the snag list report that was done in 2005, it was recommended in that report that I get a cert of compliance. I don't have a cert in my files :(

    Unsurprisingly, the developer has gone bust in the meantime. I have found the planning permission for the development on the local authority website so there are details of the architect firm etc.

    Would the solicitor that acted for me have this cert? I am just hoping that it hasn't fallen through the cracks due to me being a cash buyer i.e. that i have failed to do something that a bank would have insisted on me doing had I been taking out a mortgage for the property.

    Thanks


Comments

  • Moderators, Society & Culture Moderators Posts: 38,993 Mod ✭✭✭✭Gumbo


    BrianD3 wrote: »
    I didn't see a FAQ or sticky on this so starting a new thread. I bought a new house in an estate in 2005. Cash buyer - no mortgage. I haven't modified the property, no extensions etc. Now I am thinking of selling and am looking into the process. I believe I need a certificate of compliance with the building regs and that I could run into some difficulty if I don't have this. I have the snag list report that was done in 2005, it was recommended in that report that I get a cert of compliance. I don't have a cert in my files :(

    Unsurprisingly, the developer has gone bust in the meantime. I have found the planning permission for the development on the local authority website so there are details of the architect firm etc.

    Would the solicitor that acted for me have this cert? I am just hoping that it hasn't fallen through the cracks due to me being a cash buyer i.e. that i have failed to do something that a bank would have insisted on me doing had I been taking out a mortgage for the property.

    Thanks

    Your original solicitor should have the original copy of this certificate.
    You could also argue that the dwelling hasn't been altered since its original build.

    On another note, if this cert is missing, it will be difficult to get a cert of compliance now as nobody can see the construction build up.


  • Registered Users Posts: 8,369 ✭✭✭BrianD3


    kceire wrote: »
    Your original solicitor should have the original copy of this certificate.
    You could also argue that the dwelling hasn't been altered since its original build.

    On another note, if this cert is missing, it will be difficult to get a cert of compliance now as nobody can see the construction build up.
    Thanks for that, kceire. I will ask the solicitor.

    If not, would the original architects firm (acting for the developer obviously) have it and be willing to give it to me?

    Re: your last sentence above, that is what I am worrying about if the cert is not available and if I am trying to get someone to certify work that they can't see.

    Maybe I'm overreacting though after reading too many stories about people trying to sell self build houses/extended houses and not having the required documentation, signoff, planning etc.


  • Moderators, Society & Culture Moderators Posts: 38,993 Mod ✭✭✭✭Gumbo


    BrianD3 wrote: »
    Thanks for that, kceire. I will ask the solicitor.

    If not, would the original architects firm (acting for the developer obviously) have it and be willing to give it to me?

    Re: your last sentence above, that is what I am worrying about if the cert is not available and if I am trying to get someone to certify work that they can't see.

    Maybe I'm overreacting though after reading too many stories about people trying to sell self build houses/extended houses and not having the required documentation, signoff, planning etc.

    If you haven't done any work then it should be fine.
    Usually the purchasers surveyor will request these certs if they deem any portion of the house an add on to the original.

    It would of course be prudent to ensure the actual house is built in compliance and I would personally chase the architects for a copy of the cert especially if they are still in practice. They may charge you an admin fee to restore it from archives etc but might be handy anyway to have your own copy.


  • Registered Users Posts: 23,346 ✭✭✭✭mickdw


    kceire wrote: »
    If you haven't done any work then it should be fine.
    Usually the purchasers surveyor will request these certs if they deem any portion of the house an add on to the original.

    It would of course be prudent to ensure the actual house is built in compliance and I would personally chase the architects for a copy of the cert especially if they are still in practice. They may charge you an admin fee to restore it from archives etc but might be handy anyway to have your own copy.
    You will get someone to issue a cert. I've done a few in situations such as yours but the cert will be heavily qualified in terms of not offering an opinion on aspects of the regs that cannot be inspected.
    They tend to be accepted by solicitors/ banks though without issue.

    Even if you have the original cert, any purchaser will be advised to get from you an up to date opinion on complaince with planning at least to confirm that there was no developments that required planning permission since original date.


  • Registered Users Posts: 647 ✭✭✭k mac


    Bumping an old thread. In the process of putting my house on the market. Auctioneer has advised me to get a planning compliance cert, i thought this would be something the purchaser would look for when getting a survey done, but auctioneer advised me to get one just in case there is any issues that might hold up the sale, i think the main reason is we built on a small sun room and he wants to make sure it is compliant (even though i know it is).

    Who do i get to do this, i think the original engineer i used is still practicing so possibly he could supply this (anyone give an idea about how much this would cost?) Also would i also then be as well get a cert from him saying the build was done correctly at the time i.e foundations roof etc that he would have been certifing then.

    One small issue i may encounter i seem to remember at the time as per planning i was required to put a wheelchair ramp instead of a step at the back door, and a hand rail. I did not do this at the time as it would look terrible and as well i don't think a wheelchair would fit in the back door as it would not be wide enough. If this is in fact an issue do i have to apply for retention, or just put in the ramp now. Or ideally common sense say to the purchaser or possible purchaser if they want it done i will do the works and cover the cost, as they might agree that it would look terrible and do without, would only be an issue for them if they were selling again



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  • Registered Users Posts: 49 Eddie2008


    An "Opinion on Compliance regarding Building Regs and Planning" is what you need. Google it and you find many who can provide. Must be a qualified engineer, surveyor or architect. It will cost a few hundred euro. I got one done last week, a visit took about 15 mins and I had the cert within a couple of days.



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