Cert of Compliance with Building Regulations

wonko

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Folks a bit of practical advice would be appreciated. I can do without being told how naive I was.

In 2010 I had a small extension at the back of my house. I interviewed 4 builders, got references etc. I satisfied myself that I did not need planning permission.

None of the 4 we interviewed mentioned an engineer, we chose one builder (not the cheapest). We were trying to do everything right. The builder drew out a plan which we agreed, signed a contract and off he went.

NOW - four years later I have discovered the above cert is needed to sell. I have no reason to believe there is anything wrong with it. I have had an engineer look at it who has a few minor quibbles which we will rectify.

BUT he says he cannot retrospectively certify, nor will anyone else.

My question is what can I do when I try an sell. This must happen? I can't be the only person with this problem. I'm losing a hell of a lot of sleep over this.

Any constructive advice would be appreciated.
 

Bronte

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What you need to know now, will the engineer give you a certificate that allows you to sell, I imagine yes, there are houses all over the country with extensions that don't comply with the current building regulations, they cannot as they weren't in existence when they were built. So there must be another certificate that will solve this. What exactly does your solicitor say is needed?
 

wonko

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Asked the engineer - he said he could supply some sort of paperwork for the house as a whole but with several caveats. The purchaser's solicitor will highlight the issue in any case.

The solicitor says it certainly is a problem and will go and think about it.

Any purchaser will turn their nose up to a house with an extension with this problem. I'm sick with worry but I vcan't turn back time now.
 

wonko

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Its effectively saying that the house is substantially OK but that they cannot certify say the foundations, floors effectively anything they can't see. Yeah its a huge worry.
 

Bronte

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It would be rare in life that there is not a solution, don't worry yet. Not until you get something definite from your solicitor.

And there is always the auction route, that's a way for people to offload problematic properties.
 

Leo

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Asked the engineer - he said he could supply some sort of paperwork for the house as a whole but with several caveats. The purchaser's solicitor will highlight the issue in any case.
That's likely to satisfy what you need to do so, and in reality, it's about all you can do retrospectively without ripping the extension apart to allow an engineer certify all aspects.

Any purchaser will turn their nose up to a house with an extension with this problem.
You'd be very surprised. Many people are willing to move on houses with obvious issues if other criteria meet their requirements.
 

noproblem

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I really cannot see you getting a certificate of compliance on this extension. You're looking for a professional to sign off on something they cannot check, they won't do it today, too many issues. Whoever signs off on it could be sued if anything goes wrong. One small chance might be if you go into your Council planning department, lay your cards on the table, see what they advise you to do, if anything. Sorry.
 

wonko

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Agreed, I won't get a cert of compliance. But surely I'm not the only one with this problem? It can't be a case of knock it or live there till I die?
 

Thirsty

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I don't see how you can be forced to provide a Certification of compliance with building regulations that weren't in force at the time the extension was done?

I would think a structural survey of the whole house would cover off what you need for sales purposes?
 

bacchus

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You can't retrospectively get a Certificate of Compliance with the regulations.

The best you'll be able to get is a Certificate which gives an opinion on Compliance with the regulations. Basically cert written up after visual inspection done by qualified engineer/architect.

Just found this thread, some interesting comments
http://www.askaboutmoney.com/showthread.php?t=53938
 

wonko

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Had read that thread alright - bottom line is would such an opinion satisfy the solicitors and more importantly the bank?
 

delgirl

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You can't retrospectively get a Certificate of Compliance with the regulations.

The best you'll be able to get is a Certificate which gives an opinion on Compliance with the regulations. Basically cert written up after visual inspection done by qualified engineer/architect.
I had to do this when selling a house where a detached garage was built by the owner and was exempt from planning permission due to the size.

I just asked a local architect to do a visual inspection and he issued the cert, which was accepted by the buyer's solicitor.
 

Guns N Roses

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Had read that thread alright - bottom line is would such an opinion satisfy the solicitors and more importantly the bank?
Yes it should.

Ever since the The Building Control (Amendment) Regulations 2013 (BCAR or SI.9) came into force this year, Architects & Engineers are nervous about signing off on new builds as it leaves them legally vunnerable in the event of a claim.

http://www.irishexaminer.com/lifestyle/homeandinteriors/homehelp/all-you-need-to-know-about-new-building-regulations-263555.html

As your extension was built in 2010, an Opinion of Compliance with the current Building Regulations in force at the time should satisfy the solicitors.

An Opinion of Compliance in this case will only cover what the certifier can visually inspect and will not cover items such as foundations.
 

wonko

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Hi folks, not sure how kosher it is to bump my own thread.

For various reasons what was theoretical at the time is now going to become real.

We have an auctioneer coming to value the house in the next few days and am hoping in the intervening years someone got some practical experience.

Thanks
 

luckystar

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yes! Similar situation here - moreso to say we were compliant with the planning permission. Got a 'opinion of compliance'
Satisfied my solicitor!
 
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Andy836

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We bought a house last year which had a big job done on it in 2005. No planning or anything as it was pretty much all internal reconfig but the return had been modified sometime between the 1950s and 1980s. We had to get an architect to give us an opinion based on a visual inspection. Cost us €350 and our solicitor arranged it.
 
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