Cert of compliance with PP???

tea and coffee

I am currently buying a house from a relative and my solicitor is insisting that I need a certificate of compliance for 2 extensions that were completed in 1981 and 2004. Surely they aren't required if 7 years is over and retention happened anyway at this stage???
I rang the architect about the 2004 extension and he says he didn't issue one as he only did the planning permission. The 1981 one I have no idea but there was a mortgage on the property at that time so surely all was in order. I have the rest of the title deeds - well, solr does, but he says cert of compliance for 1981 extension not there and he needs both.

Is this correct?

Metric Tensor

Just because 7 years has elapsed does not mean the extensions either have or comply with planning. It just means that the council can't make the owner knock them.

So more than likely they don't comply with any planning and therefore can't be certified as such.

The owner will probably need to get retention for these extensions and then get a very before he/she can sell to you.

Metric Tensor

P.S. Your solicitor is doing his job by protecting you.

Metric Tensor

Actually - upon rereading I see a planning was obtained for the 2004 extension so maybe that one does comply and who knows maybe the 1981 one was regularised at the time.

The owner needs to employ a professional to look into this for them.

tea and coffee

It's a probate sale and I'm buying from one beneficiary. My understanding is that planning was obtained on both. I'm the other beneficiary so will I have to get my own retention?!
He is saying that he needs an architect to examine the original planning applications and certify they comply. Sounds like a lot of hassle.

Metric Tensor

He's right - you need a professional to examine the original planning files, examine the house and if all is in order he/she will write you an "Opinion on Compliance." It's not particularly expensive to get that done.

The big problem is that if everything is not in order then a retention application would be required.

Talk to your solicitor about how this is paid for. Normally the vendor pays for that sort of thing so I wonder would/should the estate pay for it in this case? (Which I realise in the long run is still 50% you!)

tea and coffee

What is "not particularly expensive" ;-) It's all relative!!!

Thanks for all your help above also!!!

Metric Tensor

I don't know where you are but it'll be more expensive in Dublin than the rest of the country to start with! But then the house will be worth more too!

You're probably talking in the mid hundreds as a nationwide average - if such a thing exists!