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Opinion on Compliance with Planning Permission

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  • 27-02-2020 4:30pm
    #1
    kdowling
    Registered Users Posts: 375 ✭✭


    I have gone sale agreed on a one bed apartment in Dublin.
    Solicitor asked me to get loads of forms, certificates etc.
    thought i had them all sorted.

    At the last minute now he is asking me to get an Opinion on Compliance with Planning Permission.
    Is this absolutely necessary?
    Anyone have any idea as to the cost?
    Thanks


Comments

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    #2
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    kdowling wrote: »
    I have gone sale agreed on a one bed apartment in Dublin.
    Solicitor asked me to get loads of forms, certificates etc.
    thought i had them all sorted.

    At the last minute now he is asking me to get an Opinion on Compliance with Planning Permission.
    Is this absolutely necessary?
    Anyone have any idea as to the cost?
    Thanks

    Are you the seller or buyer? This is information the seller has to provide.


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    #3
    kdowling
    Registered Users Posts: 375 ✭✭kdowling


    Ray Palmer wrote: »
    Are you the seller or buyer? This is information the seller has to provide.


    I'm the seller.
    But is it necessary for an apartment?


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    #4
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    kdowling wrote: »
    I'm the seller.
    But is it necessary for an apartment?

    Yes, the buyer will look for it. The solicitor you used when buying the apartment should have a certificate of compliance from the previous owner/developer.


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,322 Mod ✭✭✭✭Gumbo


    kdowling wrote: »
    I'm the seller.
    But is it necessary for an apartment?

    Yes.
    Required for all sales.

    BER also.


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    #6
    Paddigol
    Registered Users Posts: 1,693 ✭✭✭Paddigol


    Only gone sale agreed - wouldn't call that the 'last minute'.

    I'd also have thought that any Planning documents would be Management Company responsibility? Does he mean you to get in touch with them?

    Have you tried discussing and clarifying with your solicitor? It's what he's there for and he's far better placed to provide an accurate answer than randomers on the internet with no clue as to the title to the property in question.

    Pick up the phone to him/ drop him an email is my advice.


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    #7
    Dolbhad
    Registered Users Posts: 782 ✭✭✭Dolbhad


    When I I bought the apartment there should have been a cert of compliance with planning and building regulations. It’s for your unit only. It’s not to the management company. This should have been provided by the builder when it was first sold and placed with title deeds.

    Has your solicitor taken up the title deeds? If so, is this solicitor the same solicitor who acted in the purchase? Have they said this is missing with title deeds.


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    #8
    kdowling
    Registered Users Posts: 375 ✭✭kdowling


    Dolbhad wrote: »
    When I I bought the apartment there should have been a cert of compliance with planning and building regulations. It’s for your unit only. It’s not to the management company. This should have been provided by the builder when it was first sold and placed with title deeds.

    Has your solicitor taken up the title deeds? If so, is this solicitor the same solicitor who acted in the purchase? Have they said this is missing with title deeds.

    Thats great info, thanks a mil.
    Yes, my solicitor says its missing alright from the title deeds which he says is highly unusual.
    I have a copy of the opinion on compliance with Building Regulations from the architect of the apartment complex, Scott Tallon Walker.
    Is it unusual that they would have this and not the opinion on compliance with planning permission?
    Would this be the fault of the architects or the fault of my original solicitor (using different one now) for not including it in the title deeds?
    Thanks for your help


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    #9
    Dolbhad
    Registered Users Posts: 782 ✭✭✭Dolbhad


    kdowling wrote: »
    Thats great info, thanks a mil.
    Yes, my solicitor says its missing alright from the title deeds which he says is highly unusual.
    I have a copy of the opinion on compliance with Building Regulations from the architect of the apartment complex, Scott Tallon Walker.
    Is it unusual that they would have this and not the opinion on compliance with planning permission?
    Would this be the fault of the architects or the fault of my original solicitor (using different one now) for not including it in the title deeds?
    Thanks for your help


    For apartments they usually would be two separate documents - so you would have one cert of compliance with planning and one cert for compliance with building regs. Your solicitor would need the originals of both.

    Your options are:

    1.pay up the money and get a new cert (which would be the quickest and easier way if your under pressure)
    2. have your solicitor contact the engineer firm that acted for builder and at the time and see if they will issue the cert again (they may charge for this or may no longer be around to do so)
    3. if the builder is still around to contact them and see if they can issue a new cert again
    4.go back to the original solicitor on it

    When your previous solicitor sent title deeds back to the bank, they should have given a list of all documents sent back that the bank would check off and confirm they have received l. You should enquire with current solicitor to see if the schedule of title documents was given to them and was the cert listed. That would rule out your previous solicitor sending the cert but bank losing it.

    If it was never given that’s a mistake on your previous solicitors part.


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