Certificate of Compliance

joebre

Maybe the title should have said Certificate of Non-Compliance.

I have been asked to certify a first floor extension on an 1982 planning permission. There were only 2 conditions relating to fire safety.
One required the new wall adjoining the new stairs to be constructed in concrete block.
The other required the Velux windows to be replaced by dormer windows.
Neither condition has been complied with.
What type of certificate can be provided at this stage.
Obviously I must point out that the conditions have been complied with but that any action by the LA is statute barred.

Your comments are welcome.


Joe

sinnerboy

you can't issue a cert of compliance

you must ask what instructions - if any - are required of you . does the client wish to comply or not ? Yes or No

there is NO time limitation on a fire cert condition

be prepared to walk away - cynical clients will often "play the innocent"

pseudo-tech

Joe,

You can issue a qualified certificate of compliance. You would have to state that the conditions attached to the permission were not complied with. Let the solicitor make up there own mind after that. it will generally send up the red flare!

However, as sinnerboy has mentioned if the client is trying to get you to turn a blind eye, WALK AWAY!

sinnerboy

pseudo-tech wrote: »

Joe,

You can issue a qualified certificate of compliance. You would have to state that the conditions attached to the permission were not complied with. Let the solicitor make up there own mind after that. it will generally send up the red flare!

However, as sinnerboy has mentioned if the client is trying to get you to turn a blind eye, WALK AWAY!

RIAI advise is crystal - DONT DO THIS

Poor Uncle Tom

A Certificate of Compliance is usually a certificate stating compliance with, a) planning permission(s), b) building regulations, or, c) both a & b.

In your case you have been asked to certify the first floor extension only, and you clearly state it is not in compliance..!! Ergo, you can not issue a certificate.

You can however issue a report stating your findings and recommendations.

Pseudo-Tech, imo, a qualified certificate of compliance could be issued in a case where a premises or building is in compliance with all except a few parts of TGD or some parts of planning conditions not yet carried out, but where it is possible to get compliance with a small bit of work.

pseudo-tech

sinnerboy wrote: »

RIAI advise is crystal - DONT DO THIS

By providing a qualified cert, the certifier is stating that the property is in substantial compliance with both planning and building regulations except for the conditions that has not been complied with. This would be an accurate reflection on the situation, so i do not understand the difficulty. The purchaser's solicitor may advise the purchaser not to buy the property on the strength of the qualifications. On the other hand the purchaser may be willing to regularise the breach following the purchase and accept the risk. This may be required to facilitate a quick purchase.

Obviously we don't know the full facts about the project in question so a professional judgement is required by the certifier!

joebre

This arose out of originally being asked to do a BER cert on the property. The house was pre-planning with a first floor extension in 1982.
The extension has been built in substantial compliance with the planning drawings. The house has been sold at least twice since the permission was granted.

The two conditions are "Fire Safety Requirements, Fire Brigade Act, 1940.

I think that this is a case of "buyer beware". The qualified cert will outline the situation and it is up to the purchaser and their solicitor to decide whether they wish to proceed with the sale.

Joe

archtech

rather than describe the "document" as a certificate of compliance, it would be better to describe it as an opinion of compliance stating what is and what's not in compliance and why.

pseudo-tech

There should be no liability if you are clear about what is the situation. I am aware of some upstanding professionals that will go in and sign off projects that i wouldn't, pleading ignorance if something goes wrong. Qualify it and its in the purchasers solicitors hands!