Qualification of Title - Mortgage / House Purchase

DES440 · 25-08-2021 8:21pm #1

We are in final stages of buying a house in an estate built 2 years ago. Our solicitor has noted that the original architects opinion on compliance lists 4 planning conditions in the schedule, which have not yet been complied with. These conditions all relate to the common areas of the estate. Submissions were made by the architect for compliance to the council. 2 we’re not yet responded to, and for 2 they have been asked to provide additional / revised details.

our solicitor wants to qualify the title. My question is, will does anyone have experience of buying with a qualification on title ? Will the bank still be willing to lend ? (Again, to note, these pending planning conditions relate to the common areas of the estate, not the house itself). I should say all houses in the estate have sold, the one we are buying was bought by an investor who is now flipping it, and they bought with mortgage (same lender as us), though that’s not to say the bank were prev made aware of these conditions pending.

anyone experience of similar ?

DES440 · 29-08-2021 4:38pm

Anyone?

Hunchback · 01-09-2021 8:39pm

100%. The purpose of the qualification is that the solicitor notifies the bank of any issues, such as issues relating to planning conditions and then the bank decides if they still want to lend. They do it every day of the week. Any planning discrepancy will usually involve title being qualified. It is essential the solicitor notifies the bank of any planning issues. It is ordinarily very straightforward.

DES440 · 02-09-2021 2:32pm

Thanks Hunchback. Do you happen to know (or have an opinion / guesstimate) as to whether the fact the conditions relate to the common areas of the developemnt as opposed to the house itself makes it more likely that a lender would be willing to proceed?

mickdw · 02-09-2021 2:41pm

From my experience, outstanding compliance issues around common areas tend not to cause issue.

Hunchback · 03-09-2021 6:37pm

Here is a Law Society Practice Note on the question of the transfer of common areas

https://www.lawsociety.ie/Solicitors/Practising/Practice-Notes/Transfer-of-Common-Areas-to-Management-Company#.YTJrRtNKg1I

Tommie 19 · 13-01-2022 11:42pm

https://www.boards.ie/discussion/comment/117838487#Comment_117838487

hi just wondering if you got your qualification on the title got approved, and how long did it take?

mickdw · 14-01-2022 12:31am

https://www.boards.ie/discussion/comment/118471495#Comment_118471495

I was speaking from experience of dealing with pre purchase surveys and certification of dwellings.

I've never yet seen an estate that doesn't have outstanding issues re common areas but this never causes issue as far as I've seen.

Solicitor may well notify these items to bank but as I say, I don't generally see refusals.

Tommie 19 · 14-01-2022 1:17pm

https://www.boards.ie/discussion/comment/118471685#Comment_118471685

Thank you for your reply, our solicitor said that he thinks it will be a major issue for them and can't see them accepting qualification. But sure we will have to wait and see its causing a major delay.

Memali123 · 17-02-2022 3:59pm

https://www.boards.ie/discussion/comment/118474036#Comment_118474036

Hi @Tommie 19 Did you get sorted with the qualification on title? how long did it take? Thanks

mahesh4gb · 28-08-2024 8:30am

Hi @DES440

is the issue sorted, I face same now with the house, I am trying to buy in Maynooth, bank responded as not happy lending us, seems it's only our solicitor who made a fuss about it, in same estate already 100 houes sold and occupied.

Looking for advise, how did you get it sorted, thanks in advance.

Mahesh

Qualification of Title - Mortgage / House Purchase

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