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Problem with certification of compliance - 1970s house

  • 13-10-2014 11:21am
    #1
    Zzippy
    Registered Users, Registered Users 2 Posts: 14,166 ✭✭✭✭


    We have gone sale agreed on a house built between 1972 and 1976 - planning was granted in '72, and there is a letter on file from an engineer in '76 to say the house complies with the grant of planning. However, this letter just mentions "the house on X road", and doesn't refer to the planning file number, so our solicitor has queried if the cert if compliance is valid. Don't think the vendor will have anything better, so the solicitor reckons it will be a case of retrieving the old planning file and getting an engineer to issue a new cert of compliance - even if the Co Co still has the file on record, is this overkill? Someone mentioned that once the house is over 10 years old that it cannot be deemed to be non-compliant?

    Anyone got any experience of this, or know where I could find relevant links to the legislation?


Comments

  • #2
    sydthebeat
    Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Zzippy wrote: »
    Someone mentioned that once the house is over 10 years old that it cannot be deemed to be non-compliant?

    no, what they were referring to is the 'statute of limitations' on actions the local authority can take against unauthorized development.

    if it was non-compliant then, its still non compliant... its just that the council cant proceed with any action to regularise it.

    sometimes these old certs of compliance can be troublesome.
    ive seen planning files that would have no drawings or maps at all, and the client would have no option but to apply for planing retention for a house that was there 50 years.


  • #3
    Zzippy
    Registered Users, Registered Users 2 Posts: 14,166 ✭✭✭✭Zzippy


    Thanks for the info, there don't appear to be any extensions to the original structure, so hopefully we can get the original files and get it certified. Fingers crossed the file is still there!


  • #4
    sydthebeat
    Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    i assume its not part of a housing development?


  • #5
    Zzippy
    Registered Users, Registered Users 2 Posts: 14,166 ✭✭✭✭Zzippy


    sydthebeat wrote: »
    i assume its not part of a housing development?

    No, it's a one off house. The letter of compliance was probably fine in the 70s, and if it had the planning reference number it would probably still be fine today, but the solicitor reckons the bank may not approve the sale as it stands.
    Did a search on the local authority planning depository for old files and it wasn't found, hopefully they just haven't digitised back that far and they still have the paper files...


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