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Mortgage contract issues

  • 22-05-2015 8:36pm
    #1
    Registered Users, Registered Users 2 Posts: 183 ✭✭


    Myself and my partner are in the process of purchasing a house in Dublin.
    The contracts just came in today and there are a couple of issues noted.
    Our solicitor is obviously looking after the legal aspect of it but I'm just wondering if anyone has encountered the same problems and if so how long it took to resolve.

    Basically the property has an extension on the back which has retention planning. I can see that this is true on the DCC website and can also see the name of the architects who apparently carried out the work.

    We got a structural survey done which advised us to get the engineers reports on the extension. Today we find out that the vendors are apparently refusing to give these?
    So this obviously sound dodgy but does anyone know how the retention works? Is it just an application or do the council look for the same details before they grant this?
    Have already contacted them to see if they can offer some advice.
    Any other reason why these could not be produced? Would it not be a legal requirement to have this done if done by a reputable architect (assuming who done it is one!)

    Second issue is that the house has a shared access alleyway. Apparently there should be a mutual access agreement with the neighbour which they have specifically stated we need to acquire.
    Our solicitor has thrown Both issues back to say it's something they need to do but again any reason why they wouldn't have done this already other than money?


Comments

  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Many vendors are just extremely disorganised and haven't got around to doing things. I'd personally advise being quite clear on deadlines and if things aren't forthcoming, walk.


  • Registered Users, Registered Users 2 Posts: 7,729 ✭✭✭Millem


    Dublin21 wrote: »
    Myself and my partner are in the process of purchasing a house in Dublin.
    The contracts just came in today and there are a couple of issues noted.
    Our solicitor is obviously looking after the legal aspect of it but I'm just wondering if anyone has encountered the same problems and if so how long it took to resolve.

    Basically the property has an extension on the back which has retention planning. I can see that this is true on the DCC website and can also see the name of the architects who apparently carried out the work.

    We got a structural survey done which advised us to get the engineers reports on the extension. Today we find out that the vendors are apparently refusing to give these?
    So this obviously sound dodgy but does anyone know how the retention works? Is it just an application or do the council look for the same details before they grant this?
    Have already contacted them to see if they can offer some advice.
    Any other reason why these could not be produced? Would it not be a legal requirement to have this done if done by a reputable architect (assuming who done it is one!)

    Second issue is that the house has a shared access alleyway. Apparently there should be a mutual access agreement with the neighbour which they have specifically stated we need to acquire.
    Our solicitor has thrown Both issues back to say it's something they need to do but again any reason why they wouldn't have done this already other than money?

    This is what I gather from retention....

    Retention is basically the same as planning permission but granted after the build.

    On the "certificate of compliance" it should say that the extension is not exempt and what is there is what was given retention permission for and it meets building regulations.

    I would get your surveyor to double check everything as they have seen what is on the ground.

    Make sure that if there was any special conditions attached with the retention that they have been fulfilled.


  • Registered Users, Registered Users 2 Posts: 7,729 ✭✭✭Millem


    Dublin21 wrote: »
    Myself and my partner are in the process of purchasing a house in Dublin.
    The contracts just came in today and there are a couple of issues noted.
    Our solicitor is obviously looking after the legal aspect of it but I'm just wondering if anyone has encountered the same problems and if so how long it took to resolve.

    Basically the property has an extension on the back which has retention planning. I can see that this is true on the DCC website and can also see the name of the architects who apparently carried out the work.

    We got a structural survey done which advised us to get the engineers reports on the extension. Today we find out that the vendors are apparently refusing to give these?
    So this obviously sound dodgy but does anyone know how the retention works? Is it just an application or do the council look for the same details before they grant this?
    Have already contacted them to see if they can offer some advice.
    Any other reason why these could not be produced? Would it not be a legal requirement to have this done if done by a reputable architect (assuming who done it is one!)

    Second issue is that the house has a shared access alleyway. Apparently there should be a mutual access agreement with the neighbour which they have specifically stated we need to acquire.
    Our solicitor has thrown Both issues back to say it's something they need to do but again any reason why they wouldn't have done this already other than money?

    This is what I gather from retention....

    Retention is basically the same as planning permission but granted after the build.

    On the "certificate of compliance" it should say that the extension is not exempt and what is there is what was given retention permission for and it meets building regulations.

    I would get your surveyor to double check paperwork on extension as they have seen what is on the ground.

    Make sure that if there was any special conditions attached with the retention that they have been fulfilled.


  • Registered Users, Registered Users 2 Posts: 183 ✭✭Dublin21


    Thanks both,

    Got confirmation from planning and bulding reg dept in city council that they basically just check to ensure the extension matches the drawings. So nothing to so with structure.

    I could forgive them not being organised but they have apparently 'refused' to produce the cert of compliance which obviously rings alarm bells.

    Think we will be giving them an ultimatum and then walking as suggested.

    So close yet so far


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