Architects opinions on compliance

colmanmc

Registered User
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Hi there,

I'm getting a small extension built to the rear of my house, and an architectural technician friend of mine has prepared the drawings for planning permission and construction, which so far ahs gone really well.

He is going to give me Opinions on Compliance with Planning Permission and Building Regulations at the end of the project, and here's my question:

Given that he's not a member of the riai, even though he has his own PI insurance, are these Opinions worth the paper they're written on? I don't want to be told 10 years down the line thta because the signee on them wasn't a member of the riai that they're nul and void.

Thanks for you help
 
are these Opinions worth the paper they're written on?

If he has his own PI insurance, and if your planning authority and lender are prepared to accept his work, yes.

Most architects & house planners are not RIAI members.
 
I have had a small extension built recently. The Architect came out and measured up etc after the builder had completed the extension. I was a little bit concerned when the Architect said that the cert of compliance for building regs would have the phrase "opinion". The Architect assured me that this was normal and that this type of wording had been agreed with the Law Society as being acceptable.

I checked with a builder friend of mine and he confirmed the "opinion" of compliance is normal. It's seems to be that in order for Architects/Engineers to get Insurance they have to qualify the cert of compliances they issue.
 
I have been told by a solicitor that the law society of ireland have an issue with sign off from architectural tecnicians. In that they won't accept it. The solicitor in question recently advised a couple against purchasing a property because an extension on it had been signed off by an architectural technician.

I'm told that recently IIB homeloans have added a clause to loan agreements to ensure that solicitors explain the law societys stance on architectural technicians. IIB themselves have no issue with them assuming the necessary qualifications and PI insurance is in place.

We're starting out on a house build and like pretty much everyone I know we are using a technician to sign off on the build.

The "opinion" wording was explained to me as being simply because the guy wasn't there all day everyday so he can only give an opinion based on what he has seen at various times in the build.
 
To answer the OP's question - I cant see you having any problems at a later date. 2 things are essential when supervising work and signing off on completion is qualification/experience and P.I. cover.

Im a technician and have signed off on dozens of jobs and never had any queries from the legal profession. I do issue the cert of opinion with a headed paragraph stating that I have been in independent private practice for more than 10 years. This 10 year scenario could possibly be a stumbling block for say some new guy just out of college and setting up his own business as he could be seen as lacking in experience.

The root of this problem may well be the RIAI. I recall back in the early 90's that the RIAI wanted the Dept. Environment to make it compulsory in the Building Control Act that was about to come into force that only their members could sign off on supervision works and planning and identity isues. They also wanted the Law Society to assist them with this monopolised demand but thankfully their demands were resisted and there is no monopoly in operation.

In saying all that some solicitors will insist that the paperwork must come from an RIAI affiliated architect - that comes from the boys having a round of golf together on a Saturday afternoon.

In Donegal I would estimate that 60% of housing developments are signed off by Technicians. But then again maybe its like like the old Bord Failte slogan "Its different up here"
 
Architectural Technicians, if appropriately qualified (DIT, Waterford IT etc) may become members of the RIAI - so it's not a scheme to get technicians.

Banks/solicitors may seek membership of RIAI for a simple reason;

The title of Architect is not protected in this state at present, thus anyone can call themselves an architect. If an insurance company deems their qualifications or experience reasonable they may grant P.I. insurance, however there is no guarantee of competance here. To join the RIAI one must complete a minimum 2yrs of practical experience, then submit a case study completed building project, attend a lecture course, complete a written examination and an oral examination / interview examination. To the legal profession - these stringent entry benchmarks provide considerable faith in the competance of an individual. Also it means that the RIAI can, to a limited extent, be accountable for it's members actions through it's code of ethics etc.

Believe it or believe it not - no one wants a building to fall down or fail - no one wants to sue - so requesting RIAI membership is simply a means of getting assurance that the firm or individual architect has some recognisable competance. No one wants to use the P.I. that may be in place - they just want to know, in so far as is possible, that the work done is quality work.

That said - I'm not trying to say that all non-members are incompetant, I'm simply saying that membership is open to all suitable qualified architects and technicians.

Personally, I think I would want someone with both qualification and experience that has been independantly verified, than someone who just has P.I. regardless of their experience.

The root of this problem lies in the fact that there is no registration of architects or technicians in the state at present, this however should change in the relatively near future when the titles get protected under law and only suitable qualified persons may call themselves Architects - the RIAI will be the governing body for entry to the register...when the legislation comes into place I would find it hard to imagine any financial institution and definately not the legal profession accepting anything other than an opinion by a chartered Architect or Technician.
 
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