# Responsibility for certificate post extension?



## Green (28 Jul 2010)

We recently completed a small extension which did not require planning. We are now in the process of selling and my solicitor advises that we will need a certificate of Exemption from planning and compliance with building regulations in relation 
to it. I presume that the builder is required toi supply this, regardless of whether we are now selling or not? thanks


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## threebedsemi (28 Jul 2010)

Hi YOBR

The consultant who was involved in the construction of the extension should be able to issue you with the required cert, if you appointed one. 
If you did not retain professional advice during the build, you will need to appoint an architect/engineer/surveyor now to do a planning check on the property, examine the site, and issue a cert based on this. 
Ensure that the consultant you appoint has the required level of Professional Indemnity Insurance.
The builder is not oblidged to provide any certificate regarding planning unless this was specifically referred to when he was appointed. He is oblidged to confirm that he has constructed the extension in accordance with Building Regulations, but the confirmation he will issue in this regard will not suffice for the purposes you require it for, and is usually appended to your Architects Opinion on Compliance.


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## Green (29 Jul 2010)

threebedsemi said:


> Hi YOBR
> 
> The consultant who was involved in the construction of the extension should be able to issue you with the required cert, if you appointed one.
> If you did not retain professional advice during the build, you will need to appoint an architect/engineer/surveyor now to do a planning check on the property, examine the site, and issue a cert based on this.
> ...


 
Thanks any idea how much it would me to get such a cert from an architect now?


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## threebedsemi (29 Jul 2010)

An architect will issue two certs, one relating to planning exemption, and one relating to building regulation compliance. You will find prices will vary somewhat, so shop around, its buyers market at the moment after all.


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## Green (3 Aug 2010)

threebedsemi said:


> An architect will issue two certs, one relating to planning exemption, and one relating to building regulation compliance. You will find prices will vary somewhat, so shop around, its buyers market at the moment after all.


 
Could an engineer or surveyor issue either of those certs? thanks


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## rockofages (3 Aug 2010)

Request a category 5 declaration from your local authority. It will cost around €80 and will state the authority have no issue with the extension.

A Certificate of Exemption can only be issued by the LA, but is more akin to applying for PP as it requires maps and drawings and so on to be submitted. Therefore it's relatively costly.

It is my understanding that an architect/engineer can only issue a letter stating that it is his/her _opinion_ that the extension is exempt, and cannot issue a Certificate of Exemption.


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## threebedsemi (4 Aug 2010)

There may be some confusion here with wording. 
An architect can issue an Opinion on Compliance stating that the relevant works are exempt from Planning Permission, just as he/she can issue an Opinion on Compliance with Building Regulations. The RIAI calls these 'Opinions', but they are the what solicitors refer to as 'Certificates' and are sufficient for legal purposes in the majority of cases.
It is possible to apply for a Declaration from the relevant planning authority as rockofages has said. However, unless this has been specifically requested i would not go down this road, as the application is time consuming to prepare (to prepare one correctly can take as much time as a planning application itself) there is a waiting time for a response, and the Planning Authority can ask for further information causing further delay, etc.
A declaration is only requested in my experience when the developent in question is borderline exempt or if there is some other factor in play which leads the architect to be unsure of the status of the development.

Your architect/engineer agent can look at the property, do the relevant planning checks and issue you their Opinions (Certs) in a couple of days, all being in order.


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## onq (10 Aug 2010)

rockofages said:


> Request a category 5 declaration from your local authority. It will cost around €80 and will state the authority have no issue with the extension.
> 
> A Certificate of Exemption can only be issued by the LA, but is more akin to applying for PP as it requires maps and drawings and so on to be submitted. Therefore it's relatively costly.
> 
> It is my understanding that an architect/engineer can only issue a letter stating that it is his/her _opinion_ that the extension is exempt, and cannot issue a Certificate of Exemption.



Professionals issue opinions in matters like these.

Consider a Barrister offering advice, its called a Legal Opinion or Counsel's Opinion.

The document you need is called an Architect's Opinion of Compliance/Exemption from Planning Requirements or some other such wording.

It will not usually be accompanied by an Opinion of Compliance with Building Regulations.

If appropriate, it will state that the exemption is exempt and state the reasons why it is exempt under the planning acts.


ONQ

  [broken link removed]

  All advice on AAM is remote from the situation and cannot be relied         upon                                   as a defence or support - in     and     of     itself  -         should       legal        action      be            taken.
  Competent legal and building professionals should be asked to advise       in                                     Real Life with rights to    inspect    and      issue         reports    on     the         matters       at          hand.


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