Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

premier guarantee

  • 13-01-2011 6:39pm
    #1
    dextero
    Registered Users, Registered Users 2 Posts: 126 ✭✭


    I just found out that my, now bust, builder never had a surveyor sign off on the premier guarantee which made it null and void. Anyone know where this leaves me? Is a builder legally obliged to have this guarantee? Does anyone check that it is in place? I bought and have been living in the house for 3 years.


Comments

  • #2
    sydthebeat
    Subscribers Posts: 42,172 ✭✭✭✭sydthebeat


    dextero wrote: »
    I just found out that my, now bust, builder never had a surveyor sign off on the premier guarantee which made it null and void. Anyone know where this leaves me? Is a builder legally obliged to have this guarantee? Does anyone check that it is in place? I bought and have been living in the house for 3 years.

    1. There is/was no legal requirement to have a premier or HOMEBOND guarantee. It was used as a selling point in that the dwelling had a 10 year structural guarantee.

    2. If it was premier guaranteed,they would have used their own in house engineers to sign off on the construction.The builder would not have arranged this person separately.

    3. In order for you to purchase,your solicitor should have requested an "opinion on compliance with planning and building regulations" from the vendor. At the height of the boom solicitors were happy to accept non-inspected certification where the certifier would state that they did not periodically inspect the build, and that the certification was based on a visual,non-intrusive survey. Today, most solicitors would not accept this as good enough, though some may still. Were you presented by a cert of compliance and if so is it a non-inspected, or inspected.

    4. if it is an "inspected" certificate then the certifying professional, backed up by their professional indemnity insurance, would state that the building complies with building regulations(of which structure is a part). Should there be a structural issue now, and it can be shown that the certifier was in some way negligent,then thats your avenue to pursue.

    5. Its the builders responsibility to build in accordance with building regulations, but when a certifier comes on board, they then assume that responsibility. IF there is no certifier, then that responsibility still lies with the builder and that then becomes your avenue to pursue.


    it sounds as if the builder purported that there was a premier guarantee when there was none. Have you proof of this and were documents included as part of the conveyancing process?


  • #3
    dextero
    Registered Users, Registered Users 2 Posts: 126 ✭✭dextero


    Thank you for your reply. I didnt get a cert of compliance but maybe my solicitor got it, I think that contacting her is my next course of action.


  • #4
    sydthebeat
    Subscribers Posts: 42,172 ✭✭✭✭sydthebeat


    dextero wrote: »
    Thank you for your reply. I didnt get a cert of compliance but maybe my solicitor got it, I think that contacting her is my next course of action.

    i think thats a good idea. She should be able to point you on the correct course.


Advertisement