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Completion cert

tricky99

I am looking for advice - can an architect provide a letter to release retention to a builder (completion) when a BER cert has not been provided and any planning compliance conditions are not yet repaired? If not a responsibility of the builder then are these part of the completion cert?

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BryanF

Are the planning items and BER cert part of the contractors scope to begin with?

tricky99

no not specifically stated in terms. my question is are they part of the process for providing final completion certs by architect.

BryanF

tricky99 wrote: »

no not specifically stated in terms. my question is are they part of the process for providing final completion certs by architect.

In so far as they must construct as per architects drawings and they change anything become designers and must prove their design meets the regs.

If these items you refer to are not stated InThe terms of the contract then arguably they are not the contractors problem - and here's the 'But'
: we need more detail..

sydthebeat

tricky99 wrote: »

no not specifically stated in terms. my question is are they part of the process for providing final completion certs by architect.

the BER cert is required under SI 666 of 2006

so not specifically a building regulation or planning issue and as such wouldnt usually be under that remit of the architect.

It should however be required by a solicitor as part of the conveyancing process

non compliance of planning permission conditions is different.
The client has 5 years to comply with all conditions so it is unreasonable to expect an architect to wait until the end of that 5 year period to provide a cert of compliance. Therefore certs are written on the basis of "insofar as works are complete"... which allows for incomplete works to be carried out after... for example there might be conditions on landscaping restricting when planting can be done etc.
also, if significant conditions are not complied with for whatever reason, the architect is within their rights to compile the cert and qualify it with the non compliant issues... and after that its up to the solicitor to accept or not.

it really depends on the specific conditions and issues