Cert of compliance

B

Bigfoot

Registered User
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63
Hi,

I am sale agreed on a property and just coming up to contract signing stage. Our solicitor is requesting a cert of compliance for an extension to the house- obviously we need and want this cert. The vendors solicitor wants us to pay to get one done as there isn't one?? Should we pay or get them to pay?
 
It is normal practice for a vendor to furnish this. The standard contract obliges the vendor to do so.

Sometimes (particularly with an old extension - or indeed sometimes with an old property) the contract might contain a special condition which excludes or limit the vendors liability to furnish a certificate; It appears that you are at pre-contract stage and the solicitors may be arguing over just such a condition. It's a cost of perhaps €150 - €600, depending on circumstances.
 
I was just talking to the surveyor and he said it would cost between 200 and 300 euro. But the vendor is threatening to pull out of the sale if we won't go ahead without it. I can't understand why they are kicking up such a fuss over a few hundred euro
 
Bigfoot said:
I was just talking to the surveyor and he said it would cost between 200 and 300 euro. But the vendor is threatening to pull out of the sale if we won't go ahead without it. I can't understand why they are kicking up such a fuss over a few hundred euro
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may be it's nothing to do with the money but with the fact that it is not compliant to say PP.
 
The vendor wouldn't be able to sell to you or anyone else without it - his/her solicitor should advise them of this fact. Maybe they are looking for an excuse to get out of the sale?

Sarah

www.rea.ie
 
The vendors solicitor seems to be less than competent. The extension didn't need planning permission as far as i know. Surely the vendor can just pull out of the sale anyway if they want to, seeing as we haven't signed contracts, so they don't need to use this as a way to get out of the sale?
 
Bigfoot said:
The vendors solicitor seems to be less than competent. The extension didn't need planning permission as far as i know. Surely the vendor can just pull out of the sale anyway if they want to, seeing as we haven't signed contracts, so they don't need to use this as a way to get out of the sale?
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If no PP was needed for the extension, are you sure there is a need for a cert of compliance?

My understanding is that cert of compliance is to certify that the building complies with permission and building.. But if there is no PP required, then building is not subject to regulations, i.e. you can build what you want (within the rules dictated that no PP is required, like surface, height, back of house...) as you want.
I could be wrong though..
 
I had to get one last year for a garage, which due to size and location did not require planning permission, to confirm that it was in fact exempt from PP.

Would agree with Sarah that they won't be able to sell to anyone without the certificate - I think solicitor's call it having a 'marketable title'.
 
It may be so NOT certifiable ( except by a cowboy surveyor) that they cannot get a cert , it may mean they need to go for planning permission in the form of retention permission . Can you see an extension or attic conversion or garage conversion in the house with over 400Ft Square of space . That could be their problem. Frankly your solicitor should understand why they are being anal about this and should advise you and take instructions from you. My house was not fully compliant when I bought it but the works were over 5 years old so I didn't care, :p frankly , I just got a few quid off for the discrepancies and bought anyway.
 
etel said:
My house was not fully compliant when I bought it but the works were over 5 years old so I didn't care, :p frankly , I just got a few quid off for the discrepancies and bought anyway.
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What difference does the works being over 5 years old make?
 
Well our solicitor says the bank probably won't release the mortgage cheque if we don't have this cert. And anyway i'd rather have everything sorted properly now as to avoid any problems when we go to sell the house ourselves
 
No seller should kick up about this. It's the seller's job to ensure his property is compliant before selling to you. Your solicitor should be demanding THEM to furnish this cert.
 
DoctorEvil said:
What difference does the works being over 5 years old make?
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I am allowed to extend my house by 400 sq ft , no planning required if the house had full planning as was before I start the job. There are other conditions like I must not build at the front and conservation areas also apply but for a bog standard Irish bungalow I can add 400 at the back if I wish.

If I build an extension of 500 sq ft without planning permission I can apply for retention or keep my head down.

For 5 years thereafter the council can seek "enforcement" and tell me to knock the lot. This may happen whether or not I apply for planning permission .

After 5 years I can still apply for retention or keep my head down. The council can do nothing after 5 years except refuse me retention.
 
Hi Bigfoot We were in similar situation last year. Our solicitor insisted on cert of compliance before purchasing a house with a couple of extnsions. Vendor and vendors solicitor insisted it was not necessary.Our solicitor insisted. Vendor withdrew sale of house- we realised this when we saw our house re-appear on Myhome.ie.Spent 2 months haggling. Ended up renting for 2 months and paying for storage. We wanted the house as it did suit us so in the end we paid for a surveyor/engineer who did certify it a compliant. Cost about€300. Sale completed. Happy in our house. Just regret the 2 months expense and stress that the vendors put us through. If you want the house- just do it. Its not fair but nothing in house buying is fair or cheap.
 
DoctorEvil said:
Cheers for that explanation etel.
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I forgot to mention there is an important distinction when Retention is sought and granted .

Retention Of is really different to Retention To .

One gets full planning for the house including the protuberance and whatever else is non compliant in teh one package as it were ( you can add another 400 FT square afterwards :)

The other is permission for the protuberance but not retention for any other 'bits' that may be non compliant . I believe you may not add another 400 Ft Sq . Dunno which is which so do check me dears.

Cannot remember which is which but thats what solicitors are for and in fairness Tonora I think your solicitor was correct there albeit in a non holistic way shall we say :p .
 
Thanks tonora. I think the estate agent has convinced vendor that she needs to get this cert and its standard practice. My house is still on myhome.ie anyway!!
 
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