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Certificate of Compliance

  • 14-11-2016 9:22pm
    #1
    tony1980
    Registered Users, Registered Users 2 Posts: 1,612 ✭✭✭


    Hi all,

    I went sale agreed on a house today that has a small single storey kitchen extension of less than 40sq metres. This extension was built early 1989.

    A sister of my wifes uncle owned the house back then, before selling it to the current owner.

    The current owner knows nothing about a certificate of compliance.

    I done a bit of research on this today and before my solicitor gets involved, I was wondering, am I correct in thinking that it doesn't need a certificate of compliance as its prior to 1990 but would need an opinion of compliance to satisfy the bank in regards to obtaining the mortgage.

    Would it also need a certificate of exemption?

    I will be getting an engineer to carry out a survey on the house also, but I am just hoping this won't cause any road blocks with the bank.

    Cheers for any info


Comments

  • #2
    Supertech
    Registered Users, Registered Users 2 Posts: 597 ✭✭✭Supertech


    I'd suggest that what you need is not a Cert or Opinion of Compliance, but rather a letter from a professional stating the date of construction and that this was prior to the Building Control Act being enacted. You'll probably need proof of the date of construction aswell. You also need to ensure that Building Bye Laws weren't in place in your area at that time - that might be an issue as well.

    The area for exempt development was 25 sq. metres back in 1989 as far as I can recall, so you'll need to check the actual date of construction for that puropose as well. The area didn't increase to 40 sq. metres until after 2001 (I think).


  • #3
    RORY O CONNOR
    Registered Users, Registered Users 2 Posts: 270 ✭✭RORY O CONNOR


    The vendor should supply you with a Cert of compliance. It will be an exempted development if it is to the rear, less than 40 square meters floor area, the rear yard is more than 25 square meters in area and its single storey-that's typically the basics fo exempted development. Building regs can only be an opinion rather than a fact.


  • #4
    Mellor
    Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    Supertech wrote: »
    I'd suggest that what you need is not a Cert or Opinion of Compliance, but rather a letter from a professional stating the date of construction and that this was prior to the Building Control Act being enacted. You'll probably need proof of the date of construction aswell. You also need to ensure that Building Bye Laws weren't in place in your area at that time - that might be an issue as well.
    This is the right answer imo
    It's an opinion on compliance, not a certificate of compliance.
    The area for exempt development was 25 sq. metres back in 1989 as far as I can recall, so you'll need to check the actual date of construction for that puropose as well. The area didn't increase to 40 sq. metres until after 2001 (I think).
    23sq.m I believe
    RORY O CONNOR wrote: »
    The vendor should supply you with a Cert of compliance. It will be an exempted development if it is to the rear, less than 40 square meters floor area, the rear yard is more than 25 square meters in area and its single storey-that's typically the basics fo exempted development. Building regs can only be an opinion rather than a fact.
    Incorrect and misleading advice imo.
    The limit isn't 40sqm, and the remaining garden area doesn't matter.
    All that's available not is opinion, not certificate. Even if a solicitor signs and seals, it's still just his opinion based on the evidence.

    tony1980 wrote:
    Hi all,

    I went sale agreed on a house today that has a small single storey kitchen extension of less than 40sq metres. This extension was built early 1989
    What is the exact area of the extension. Do any plans exist to confirm this?
    Or identical neighbours without extensions.
    I done a bit of research on this today and before my solicitor gets involved, I was wondering, am I correct in thinking that it doesn't need a certificate of compliance as its prior to 1990 but would need an opinion of compliance to satisfy the bank in regards to obtaining the mortgage.

    Would it also need a certificate of exemption?
    There were no building regs at the time to comply with. You should ask for a letter to have that in writing. And to cover other options above like bye laws.

    As for exemption, it may or may not be exempt. The vendor solicitor can produce a letter based on the planning laws at the time giving his legal opinion, make sure it refers to the full title of the relevant acts.


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