# Do Building Regs Apply for a House Built in 1992?



## hikingjohn31 (3 Oct 2014)

Hi guys, I am in the process of buying a house that was built circa 1992/1993.

The Planning Permission for this property was granted in March 1992 and the Certificate of Compliance with Planning Permission was signed in October 1993. We are however unsure when the build actually commenced.

In relation to the new building regulations that came into play, concerning all builds commenced after 1st June 1992, would our property be governed by these regulations, or would we be exempt since planning permission was granted prior to the 1st June 1992 ? (regardless of when the build started, pre/post 1st June 1992).

I really would appreciate a definitive answer on this matter if anyone knows for sure........


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## mf1 (3 Oct 2014)

Building Regs apply to any works carried out after June 1st 1992. 

On your dates, it seems most likely that most of the works were carried out after June 1992, especially when the Cert of Compliance with PP is dated October 1993. It is very unlikely that all of the works were done between March and May of 1992

Is it safe to assume that there is no Cert of Compliance with Building Regs? Is it possible for the vendors to provide one? 

If you're borrowing to buy, I expect your lender will require that. 

If you're a cash purchaser, you could take a view - but the issue will still be there when and if you go to sell on. 

mf


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## hikingjohn31 (3 Oct 2014)

Thanks for the info mf. Yes, you are correct, there is currently no Cert of Compliance with Building Regs existing and the vendor's solicitor seems to be ignoring the matter, just stating that by-laws were not in affect in the area.

I agree that for sure, most if not all of the building work took place after June 1st 1992 so it probably looks like a Cert of Compliance with Building Regs is required. I just wanted clarification that this is the case for sure, even with planning permission granted in March 1992?

We are borrowing so I reckon that the bank will require a cert if it is deemed that one is required.......


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## Leo (3 Oct 2014)

Tread carefully, the vendor may be aware there are issues and hoping you'll proceed without adequately protecting yourself.


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## hikingjohn31 (3 Oct 2014)

Thanks Leo - agreed. Our solicitor has requested that the vendor's solicitor provide all the necessary paperwork in relation to this - whatever is required - a cert or proof of exemption etc. He just doesn't seem to be playing ball though so just trying to research this myself for my own understanding and piece of mind.

A call to the local authority office on Monday will be required I think......


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## hikingjohn31 (3 Oct 2014)

Is it possible for anyone to preform a planning search at the local authority office to find the relevant info, or would that level of detail be only available to solicitors/engineers etc?


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## mf1 (4 Oct 2014)

You can do a planning search yourself but it is unlikely to tell you much.  This was 22 years ago , files may no longer exist etc.,etc. 

What you need to know - and only the Vendor can tell this - was the house built in accordance with Building Regulations? If yes, can they provide a certificate of compliance?

Problem solved. 

Except that they already know that they need this and they have not yet provided the information. So - will someone now certify that the property was constructed in compliance with Building Regulations? Will your own architect inspect and give their best opinion? 

If no- there is only one answer - walk away. 

mf


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## Branz (4 Oct 2014)

Is this a one off house or in an estate?

If its a one off in rural Ireland then I would be more cautious.

Is the current vendor the original buyer?.

While I accept the good advice given above, 22 years down the line is a lot.
Even if they do produce one, what good is it, if say, the issuer is gone bust or dead or whatever.
Who can you sue if they provide one and it turns out that the house is built with pyrite or in an area of very high radon and the radon work was not done right.

If you do get someone to certify it, I would be more concerned that it is certified as being well built rather than to 22 year old standards


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## hikingjohn31 (4 Oct 2014)

Hi guys, thanks for the good advice. To answer a couple of questions,,,,,, the house is a one off, the current owner is not the first owner, for some reason a cert does not seem to exist. Now a cert may still appear, but in the meantime I just wanted to do some research into this myself.

I've already had an engineer do a standard pre-contract survey on the house and there are no major issues - this was before this issue arose though. Think I need to get back onto him to see what he thinks from a building regulations point of view........


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