# Certificate of Compliance



## kerdub (10 Jul 2009)

We sale agreed a property 4 weeks ago, got a surveyor out and no structural issues that he could see.  He advised us (as did our solicitor) that the vendor needed to provide a certificate of compliance for the converted garage.  Two weeks since our solicitor requested this, we are still waiting.  How long would this take to organise?
Also wouldn't the estate agent have known that this certificate was needed for the sale of the house. I mean the house was up for sale 10months. It's just frustrating waiting for something that seemingly could/should have been organised months ago.
Does anybody know how long it takes to get this cert.  A friend of mine had to get one for her extension (she was selling her house) and she said she got an architect out immediately and that it took no time atall.  Anybody else have any experience with this situation?


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## mathepac (10 Jul 2009)

Sounds like the vendor is in no hurry to close the sale, either that or getting the Certificate of Compliance is proving to be a bit of a challenge.  In either case you have the choice of issuing a "brostaig ort" via your solicitor or moving on to another property.


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## sahm2 (10 Jul 2009)

Don't worry about this.

We are in a similar position and are selling our house. We did not know we needed an original cert of compliance and we are 6 wks sale agreed.
It can take about 10 days if the architect needs to send away for documents and searches - depending on age of property this can be quicker. They should be back to you within the next few days. 
Do not think this is an indication they don't want to sell (in our case it is not any way!)


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## kerdub (10 Jul 2009)

Thanks for the replies.  I have spoken to our surveyor who assures me that people most often don't realise they need planning permission or cert of compliance for renovations to their houses or they simply forget.  He said that a cert of compliance takes no time atall to organise.  However the vendor has made changes to the front of the house and there is no planning application lodged under the address of the house.  This could take 3 months to organise if they have no planning permission for this change. 
The surveyor mentioned renegotiating the sale price. This could cover any expenses incurred if we have to apply for planning permission or getting rid of the changes made to the front of the house. 
I really want this house though.....  we've been searching for so long!


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## mathepac (10 Jul 2009)

kerdub said:


> ... The surveyor mentioned renegotiating the sale price. This could cover any expenses incurred if we have to apply for planning permission or getting rid of the changes made to the front of the house...


I doubt your solicitor will countenance progressing any such arrangement; the surveyor would not have to undertake untangling any subsequent complications, your solicitor would.


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## onq (10 Jul 2009)

kerdub said:


> Thanks for the replies.  I have spoken to our surveyor who assures me that people most often don't realise they need planning permission or cert of compliance for renovations to their houses or they simply forget.  He said that a cert of compliance takes no time at all to organise.  However the vendor has made changes to the front of the house and there is no planning application lodged under the address of the house.  This could take 3 months to organise if they have no planning permission for this change.
> The surveyor mentioned renegotiating the sale price. This could cover any expenses incurred if we have to apply for planning permission or getting rid of the changes made to the front of the house.
> I really want this house though.....  we've been searching for so long!



That's not the right attitude 
Salesmen love people who talk themselves into purchasing dodgy goods!

Estate agents do deals, nothing more - caveat emptor.
They give no assurances, offer no certificates and in the past possessed disclaimers so outrageous that you could not rely on anything they say.

Your surveyor is correct re the issuing of the cert, in that if the work is actually compliant then it should take as long as a visual inspection of the house on site, a planning file inspection and a time to compose and issue the document - usually less than a week if all's well.

If all is not well, its twelve weeks minimum from the date of lodgement to the date of expiry of the Appeal Period and a further week or week-and-a-half to receive the Grant of Permission.

Garage conversions are mentioned in the exempted development schedule and some local authorities consider the kind of elevations changes needed to put a window in a garage as coming under Section 4 (1) (h) of the Planning and Development  Act 2000 - so why is there a problem?

If the planning authority is disposed to consider the changes under Section 4 (1) (h) of the Act, and you want a cast-iron assurance, as opposed to a certificate, you could request a section 5 Declaration to resolve this - these used to take 4 weeks and cost circa €80.

Depending on how long the works have been completed, you might be able to obtain a letter of comfort/cert of freedom from enforcement action as opposed to a certificate of compliance or exemption in relation to the planning situation.
If the work was completed more than 7 years ago and no enforcement process occurred in the intervening period [no warning letter or ENF file opened in relation to it] then it is very possible that the local authority are precluded from taking action.
In other words, although it might not have been exempted development and it didn't get permission, it may now be free from the threat of enforcement action.

Finally, don't just stop at the planning cert.
Garage conversions have to comply with the building regulations, too.
All houses done since around 1992 [I'm not sure of the exact date, but I think its all houses commenced after the 1st June 1992] should be offering Opinions of Compliance with Building Regulations
If a cert is being offered for the main house one should be offered for the additional works.
Points to look out for, especially in a garage abutting a recent house, are; -


is there under-slab or floor insulation?
is there wall insulation
is there attic or roof insulation
have any services been extended properly
if there's a WC, are there any internal manholes covered up?
depending on what Part L its done under, and if there's a boiler, is there adequate ventilation.
If there were internal metering systems, how have these been accommodated in the conversion

And so on.

All houses for sale or rent now must offer BER certs AFAICR.

If this house was built since the requirements of the health and safety act came into play as part of a commercial development [as opposed to as a self build or private build for a sole domicile] then there should be a Safety file.

You should also ask for any and all commissioning certificates, warranties and guarantees that were offered to the original owner.

FWIW

ONQ


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## kerdub (13 Jul 2009)

Onq
Thanks so much for your post.  I should know this week what is going on, so my solicitor says.


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## onq (24 Jul 2009)

Kerdub, any news yet?

ONQ.


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