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Buying second hand home- no cert of compliance for converted garage

  • 27-07-2024 6:29pm
    #1
    Luckylow10
    Registered Users Posts: 154 ✭✭


    Just looking for some info on this, be appreciated.

    we plan on meeting our solicitor to go through the contract and mortgage loan offer but I would like to get a heads up now if possible.


    the house we are buying was built in 2013 with full original PP for a detached garage.


    since then, the garage was upgraded and has a kitchen and bathroom in it. So it’s unauthorised use. The EA told us this and said it wasn’t an issue as it could be “decommissioned “ if needed. (Personally I’m not bothered that it hasn’t got PP, thats an issue for another day),

    Our solicitor via email has advised there is no cert of compliance for the works done.

    Will this be a problem with the mortgage drawdown? Or are they only concerned with the original cert of compliance for the main house and original garage?



Comments

  • #2
    AnRothar
    Registered Users, Registered Users 2 Posts: 578 ✭✭✭AnRothar


    Your Solicitor must ensure there is "good title" for the property.

    In simple terms the Solicitor is telling the bank that should something go wrong the bank will easily sell the property.

    Having a non compliance with planning could prevent an easy sale.

    Hence the Solicitor may be reluctant to go ahead while this matter is not resolved.



  • #3
    This is it
    Registered Users, Registered Users 2 Posts: 5,587 ✭✭✭This is it


    We had similar with a shed built out the back. Our solicitor notified the bank and we couldn't proceed without the certificate of compliance. Once we got that it was all good. Seller paid for the engineer and cert.



  • #4
    Stanford
    Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    I assume the original garage was built in accordance with the original PP? Presumably the subsequent upgrade were the addition of the bathroom and kitchen with no structural changes including, in particular, nobody sleeping or living in the garage space. If so this is unlikely to bother the Local Authority, however it is the responsibility of the Vendor to provide a certificate of compliance by way of an Engineers Report stating that the upgrade did not require PP or did not violate the original 2013 PP. Your Solicitor should ask the Vendors how they intend to deal with this.

    In reality the Local Authority has to serve an Enforcement Order within 10 years of the unauthorised development and presumably this hasn't happened so your risk of problems with the planners is very low. The 'belt and braces' approach would be for your Solicitor to ask the Vendor to issue a Cert of Compliance at their expense.

    However, as pointed out by others, your Solicitor is obliged to point out that no certificate currently exists and this could cause you difficulties with the bank supplying the mortgage or a future sale.

    In essence you are assuming the risk caused by the Vendor's omission.



  • #5
    Luckylow10
    Registered Users Posts: 154 ✭✭Luckylow10


    The garage had pp when house was built. It has its original certs. just v small kitchen and bathroom/toilet was added.

    The EA and vendor were honest from day one and said we can remove the kitchen if needed. Our surveyor didn’t mention anything in their report.

    The contracts state that the property is being sold as having a garage only and as such no further queries will be accepted or certs will be provided and that I as purchaser upon signing accept this.

    I suppose if they remove the kitchen and bathroom it’s back to its original garage state.



  • #6
    SupaCat95
    Registered Users Posts: 738 ✭✭✭SupaCat95


    Its a simple thing, that makes things complicated.

    TThe seller has to call an engineer to say the work was done to a level of compliance and write a report. We were buying the house and it held up the sale for a week. It means the house cannot be mortgaged or remortgaged without it.

    BBeen there done that. There is always a hold up when you are buying. Murphys law if its not one thing then its another thing. On a scale of 1 to 10 this is a 1. It could be a lot worse. Let the owner sort it out over the weekend. The sale will be in order by Wednesday in my experience.



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  • #7
    SupaCat95
    Registered Users Posts: 738 ✭✭✭SupaCat95


    You are getting fobbed off. Get the job done right the first day once money is paid out the seller is gone. An Engineers cert of compliance is €500, going rate (not mates rates, not cousins rates). If you are paying for 6 figures for a job get it done right.

    Going to be honest, I never heard of it but its a real problem when selling. Its the day you want to sell the house is the day you want the cert of compliance.

    .



  • #8
    Luckylow10
    Registered Users Posts: 154 ✭✭Luckylow10


    so just to follow up we have again asked for certs and they said no there is no need as they had planning for garage and cert of compliance was issued for that. it’s being sold as a garage only and not containing a kitchen or bathroom so it’s irrelevant to the bank for mortgage purposes.

    So, I guess we will see what the bank says upon drawdown.



  • #9
    SupaCat95
    Registered Users Posts: 738 ✭✭✭SupaCat95


    What did your solicitor say? Our solicitor wasnt budging until there was a cert of compliance. Hold fast until you have spoken to solicitor.



  • #10
    Ray Palmer
    Registered Users, Registered Users 2 Posts: 8,416 ✭✭✭Ray Palmer


    I am really not seeing why this cert is needed. I put a sink and drain in my garage and the isn't really much checking and engineer is going to do. Are they going to put a camera down the drains to look at how the drain was connected.

    The previous owner had added a toilet to the old coal shed and never mentioned in any reports. Seems like it would be cheaper for the owner to just rip out the stuff than pay to have it certified. Which is probably what I would do if pushed to get it certified.



  • #11
    Dav010
    Registered Users, Registered Users 2 Posts: 14,669 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/122501469#Comment_122501469

    Same as that, unless the garage has been altered for habitation, why would it need certification? We have a sink, toilet, washing machine and chest freezer in our garage, doesn’t mean someone is going to live in it.



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  • #12
    This is it
    Registered Users, Registered Users 2 Posts: 5,587 ✭✭✭This is it


    We needed a cert to confirm the shed didn't need planning. We then found out it did need planning due to the size of the remaining garden falling just below what was allowed. To top it off... the seller had planning for it all along. It was a complete mess.

    The seller paid for the cert after dragging heels for a couple of weeks. Obviously before we found out it had planning granted.



  • #13
    Ray Palmer
    Registered Users, Registered Users 2 Posts: 8,416 ✭✭✭Ray Palmer


    https://www.boards.ie/discussion/comment/122501604#Comment_122501604

    That isn't the OPs situation which is what we are talking about



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