Certificate of Compliance v Opinion on Compliance

johnc24

Folks,

I am very inexperienced in this sector.

May I ask in simple terms for an explanation in the differences of a full certificate of compliance versus an opinion on compliance?

A little background on the project is we need to build a downstairs bedroom and wet room and extended kitchen. The build is less than 40 square metres, it shall be to the rear of the house.

In terms of the law and selling my property in the future what are my responsibilities and what document should I seek from my architect?

Thank you very much.

John

Gumbo

Assuming planning is not required, then have your architect prepare construction drawings. Supervise the construction of the extension and certify it in compliance with building regulations on completion. Also certify it as exempt from planning.

Opinion of compliance is the same thing pretty much. I think the opinion will be done retrospectively by someone who did not see the works ongoing and will give an opinion based on visual inspection.

RORY O CONNOR

Opinion is just a letter, Certificate for compliance is a proper cert

sydthebeat

RORY O CONNOR wrote: »

Opinion is just a letter, Certificate for compliance is a proper cert

both are perfectly acceptable certs as far as the law society are concerned so its a bit disingenuous to suggest one is a 'cert' and the other is a 'letter'

the main difference between the two is that one states the signer is "certain" the build complies with building regulations, while the other is just offering an opinion based on conditions ie based upon what i saw on this date, it appears to be in compliance.

You will find it very difficult to find ANYONE out there who will offer an unqualified "certificate" of compliance, unless youre willing to pay them enough to visit the site on a frequent basis to be happy to to be certain of complaince.

In general however professionals do not like taking full responsibility for other peoples work (and rightly so) so they offer an opinion based on a small number of site visits (usually about 5 for a small extension)

gk5000

Hello, replying to an old thread on this:


Would you expect the original architect to issue a cert as opposed to an opinion?
Or, should you be concerned if the original architect only produced an opinion as opposed to a cert.


Note: considering to buy so not my architect - so wondering why their architect would only produce an opinion.

antiskeptic

gk5000 wrote: »

Hello, replying to an old thread on this:


Would you expect the original architect to issue a cert as opposed to an opinion?
Or, should you be concerned if the original architect only produced an opinion as opposed to a cert.


Note: considering to buy so not my architect - so wondering why their architect would only produce an opinion.

Say the original architect designed the structure .. but wasn't employed to oversee the work. He can't say the structure was built as he designed it ... so can only give an opinion. Which is fair enough.

I had an architect given an opinion on a house I was selling once. He arrived in the kitchen, took the money and documents and walked out the door without so much as looking at the house. At worst, an opinion is worth nothing - so buyer beware

sydthebeat

gk5000 wrote: »

Hello, replying to an old thread on this:


Would you expect the original architect to issue a cert as opposed to an opinion?
Or, should you be concerned if the original architect only produced an opinion as opposed to a cert.


Note: considering to buy so not my architect - so wondering why their architect would only produce an opinion.

no i wouldnt expect an architect to issue a cert as opposed to an opinion
what client can afford to have an architect on site every day?
what architect would say they were certain of compliance without being on site every day?


the 'opinion on compliance' has been the industry standard since the early days of building regulation compliance.

gk5000

sydthebeat wrote: »

no i wouldnt expect an architect to issue a cert as opposed to an opinion
what client can afford to have an architect on site every day?
what architect would say they were certain of compliance without being on site every day?


the 'opinion on compliance' has been the industry standard since the early days of building regulation compliance.

Thanks. Any idea what to expect on a refurb of a listed building where a conservation expert is supposed to manage/monitor the build?

kieran.

For just the Arch or from the full design team?

Edit... assumed it was a BCAR project?

DOCARCH

gk5000 wrote: »

Thanks. Any idea what to expect on a refurb of a listed building where a conservation expert is supposed to manage/monitor the build?

Same as outlined above....

Generally opinion on compliance with planning exemption/planning permission, and, opinion ob compliance with building regulations.

gk5000

Thanks Guys,
But back to the start: Does this Opinion on Compliance mean that you can claim off their Professional Insurance if there were to be an enforcement action?

kieran.

gk5000 wrote: »

Thanks Guys,
But back to the start: Does this Opinion on Compliance mean that you can claim off their Professional Insurance if there were to be an enforcement action?

It really depends on the circumstances...

corco2000

If you apply and receive full planning permission for let's say an extension on your home over 40sqm. Do you have to produce a cert of compliance on completion. If you never sell property why bother handing out such money. Or is this usually a condition of planning?

Gumbo

corco2000 wrote: »

If you apply and receive full planning permission for let's say an extension on your home over 40sqm. Do you have to produce a cert of compliance on completion. If you never sell property why bother handing out such money. Or is this usually a condition of planning?

It will then become your children’s problem
The main reason for a cert is to have adequate inspections by a competent person during the build as issues can be spotted and rectified. They can’t be later.

If you feel your are competent then you can supervise yourself.

dusteeroads

@ corco2000 Properties are routinely bought and sold without certification. However I have seen sales fall through because of lack of same. If you are selling to a person who is borrowing most of the money - most likely that persons lender won't permit the purchase. But if selling to a cash buyer with a mind like your own - happy days.