Time Scale for Issue of Certs of Compliance

Lizzie

Registered User
Messages
15
A planning application to build a house is granted full permission in 2000. The house is then built, sold and occupied in 2001 with a few of the conditions of the full planning grant unfullfilled. When should the certificate of compliance be issued ?
 
Thats not enough information.

If its an estate house - as in part of an estate, a purchaser would expect a Cert. of Compliance on closing.

If its a once off house, Cert. should issue on completion. If there are unfulfilled conditions, then either a restricted Cet. could issue or you could argue that the property is not complete , is not in compliance and therefore no cert. should issue.

Plus - Certs need to be paid for and if the developer won't pay, why would an engineer go to the trouble of certifying?

mf
 
It's an estate house so if the purchaser did not get the Cert on closure when should he get it?
 
So, are all the planning conditions fulfilled? How serious are the conditions? Some conditions are easy - e.g. shrub planting or the like, others are far more far reaching.

And who exactly is asking for the Cert? Its 9 years ago- is it the engineers function to get it sorted? Or the person who bought the house? Can they ask someone else to certify? Would anyone else certify?

I just don't understand your question. The purchaser should not have completed the transaction without the Cert. It is notoriously difficult to get closing documentation after the money has changed hands. Not should they have closed with p p conditions outstanding.

On a resale it is for the vendor to resolve these issues.

mf
 
Sorry for the unclarity. Firstly, the original purchaser completed without the Cert and without the pp conditions being met. Secondly, one of the unmet conditions relates to the boundaries. Thirdly, the engineer involved in the construction and the local planning authority did not issue the Cert on completion however he has issued the Cert now 9 years on stating "in substantial compliance" because the original purchaser is now wanting to sell. The pp conditions remain outstanding. The prospective purchaser has had a survey done and that engineer also states "in substantial compliance" but also points out the unmet conditions including the major one relating to the boundaries. The surveyors are known to each other both working in a small town. Isn't it a bit "dodgy" that a Cert is issued so late in the day and with pp conditions still outstanding? Shouldn't the local council planning dept. have insisted full and complete compliance with pp conditions?