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How do you get a Commencement notice for an extension years after the extension was built

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  • 20-10-2021 5:31pm
    #1
    JimmyVik
    Registered Users Posts: 5,367 ✭✭✭


    A friend is selling their house.

    They have an extension that was built with planning permission.

    However the buyers solicitor has requested a commencement notice or a receipt for it.

    My friend does not think a commencement notice was ever sent in. They checked with the builder and the builder is pleading ignorance.

    The extension is built 7 years now.

    Anyone know how they go about getting this for the buyers?



Comments

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    #2
    Wildly Boaring
    Registered Users Posts: 3,646 ✭✭✭Wildly Boaring


    Christ.

    Has it a completion cert?



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    #3
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,918 Mod ✭✭✭✭DOCARCH


    You cannot get a retrospective commencement notice.



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    #4
    muffler
    Registered Users Posts: 46,056 ✭✭✭✭muffler


    https://www.boards.ie/discussion/2058214034/how-do-you-get-a-commencement-notice-for-an-extension-years-after-the-extension-was-built

    A commencement notice is submitted before works commence but cant be done retrospectively. Their solicitor will need to convey that to the buyers solicitors and hope for the best.

    A cert of compliance with PP can be got but with building regs the best anyone can offer is a walk through type cert.



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    #5
    muffler
    Registered Users Posts: 46,056 ✭✭✭✭muffler


    https://www.boards.ie/discussion/comment/118049367#Comment_118049367

    SNAP :)



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    #6
    JimmyVik
    Registered Users Posts: 5,367 ✭✭✭JimmyVik


    Thanks guys.



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    #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,171 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/118049430#Comment_118049430

    Just to add, the builder can plead ignorance here, it wasn’t his job to submit a commencement notice. That falls on the building owner, your friend.



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    #8
    JimmyVik
    Registered Users Posts: 5,367 ✭✭✭JimmyVik


    Thanks Guys.

    He checked with the solicitor who told him that this kind of thing is overlooked very often and wont cause a problem with the sale of the house, unless you get a total dick solicitor. His solicitor will just state that here is the planning permission and due to an oversight the commencement cert was not sent in, or words to that effect.



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    #9
    muffler
    Registered Users Posts: 46,056 ✭✭✭✭muffler


    In fairness I am aware of a few sales that progressed smoothly over the years in similar circumstances but as you rightly point out it is down to the legal eagles at the end of the day. However if the purchaser is happy to proceed on the basis of no commencement notice having been submitted then most solicitors are happy enough to proceed.



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    #10
    JimmyVik
    Registered Users Posts: 5,367 ✭✭✭JimmyVik


    https://www.boards.ie/discussion/comment/118058035#Comment_118058035

    It does seem like a non issue to be fair.

    Wither its there or its not. If its not and, as pointed by you guys in this thread, it cant be got after the fact. There really is nothing that can be done about it, so best just to ignore it.

    Now if you could fix it retrospectively then im sure there would be merit in holding out for it.



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