Forgot Commencement notice

selfbuiler

Hi, I need some advice. I forgot to send in my commencement notice for a self-build project and the roof is on the house house now. What will I do, should I send one in now and just lie about the dates or forget about it totally. Any advice........HELP

muffler

selfbuiler wrote: »

Hi, I need some advice. I forgot to send in my commencement notice for a self-build project and the roof is on the house house now. What will I do, should I send one in now and just lie about the dates or forget about it totally. Any advice........HELP

Mod hat on: We're not going to allow discussion on ways to circumvent legal processes or encourage anyone to tell lies. Have a read at the forum charter please.

Mod hat off; Have you asked your architect what you should do? He/she will have to make reference to that in final certification.

The only course open to you now is to submit the notice now confirming that works to which the notice relates id from roofing stage onwards. Your architect/engineer may well be asked for certification in some format for the works to date.

sinnerboy

I have found that LA's simply return Commencement Notices , together with the un-cashed fee cheque where such notices were not lodged on time. Then in accordance with Law Society procedures for conveyancing , the client / vendor "declares" that no Commencement Notice was lodged and then (depending on the attitude/good graces of the purchasers lenders legal team ) the sale tended to proceed. But that was boom time.

smellyfinger

selfbuiler wrote: »

Hi, I need some advice. I forgot to send in my commencement notice for a self-build project and the roof is on the house house now. What will I do, should I send one in now and just lie about the dates or forget about it totally. Any advice........HELP

Dont worry about it. seen it before. your architect or engineer can sort it all out for you no hastle.

fclauson

From a local CC website

What happens if I don’t submit a Commencement Notice?


It is a legal requirement under the Building Control Act of 1990 to submit a commencement notice prior to works commencing on site. A commencement notice CANNOT be accepted for works which have already commenced or have been completed. There is no provision for retrospective commencement notices. Failure to submit a valid commencement notice can result in fines or imprisonment. Failing to submit a valid commencement notice may cause problems if/when you come to sell your property as the Certificate of Compliance (completed by your architect/engineer) will be incomplete.

The Legislation

The requirement for and the legislative background to a commencement notice is set out in the Building Control Act 1990 (no 3 of 1990), the Building Control Regulations 1997 (SI no 496 of 1997).

smellyfinger

I forgot to send one in for a job and its no big deal. I know all about the rules and regulations etc but it happens and a good architect can represent you and it's not a major problem.

Poor Uncle Tom

smellyfinger wrote: »

I forgot to send one in for a job and its no big deal. I know all about the rules and regulations etc but it happens and a good architect can represent you and it's not a major problem.

It's no big deal now because the Building Control Authority are not pursuing the issue and there are no prosecutions as a result. If/when prosecutions should start for non compliance then potentially Lending Institutions could hold back on final mortgage releases as a result, or refuse to fund a buy of an existing property as a result of non compliance, then it becomes a big deal.

Remember it's possible to be prosecuted at present for non compliance, it's just never followed up on, but that's just for right now.

muffler

smellyfinger wrote: »

I forgot to send one in for a job and its no big deal. I know all about the rules and regulations etc but it happens and a good architect can represent you and it's not a major problem.

Thats shocking advice to offer apart from it being at odds with the forum charter.

sinnerboy

smellyfinger wrote: »

I forgot to send one in for a job and its no big deal. I know all about the rules and regulations etc but it happens and a good architect can represent you and it's not a major problem.

An architect cannot make a false statement on his certification documents without running the risk of invalidating his PI cover and maybe without running the risk of being found to have committed a fraudulent act .

I have posted earlier what I have seen i.e. the Architect stated in his certification that no commencement notice was issued. An architect cannot "represent" anymore than this. Now during the boom that did not stop the money flowing.

fclauson posted up texts extracted from an LA website. It is true that LA's up to now have not been prosecuting this matter . Or other building control matters - we all may have heard about that :rolleyes:. My own feeling is that this will continue to be the case. The very real problem for the OP is he will own a property that he may find difficult for him or a potential purchaser to raise finance for. And no architect can fix that.

smellyfinger

Speaking from my own personal experience, I forgot to send a commencement notice in and my architect called the council people and they sorted it all out without any big fuss. its not advice i am offering but its what happened to me. take it as you like.

sinnerboy

Your experience has been put into context several times here. It would be unwise for you or anyone else to follow your example.