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One off house Mortgage - Opt Out of Statutory Certification

  • 08-05-2017 4:38pm
    #1
    Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭


    This is a query for the mortgage department. 
    Where a person is undertaking a house build with BOI mortgage, is it acceptable to go the route of Opting Out of Statutory Certification?


Comments

  • Closed Accounts Posts: 1,367 ✭✭✭Bank of Ireland: Elaine


    Good Afternoon mickdw, 

    Thank you for getting in touch with us here on Boards.ie. 

    The Building Control Regulations allow owners to 'opt-out' of some of the Statutory Certification requirements for certain builds however, the Bank still requires Report Certificates and a final Certificate of Compliance from your assigned certifier even if you have chosen this option. 

    We have a guide on our website that goes into this in more details here

    I hope this helps and if you need anything else, please don't hesitate to contact us again. 

    Thanks, 
    Elaine 


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Good Afternoon mickdw, 

    Thank you for getting in touch with us here on Boards.ie. 

    The Building Control Regulations allow owners to 'opt-out' of some of the Statutory Certification requirements for certain builds however, the Bank still requires Report Certificates and a final Certificate of Compliance from your assigned certifier even if you have chosen this option. 

    We have a guide on our website that goes into this in more details here

    I hope this helps and if you need anything else, please don't hesitate to contact us again. 

    Thanks, 
    Elaine 
    Hi

    Thanks for that. I am a construction professional and asked the question to try to clarify the situation but is there someone I could contact directly in mortgages as even the guide as linked above is not coherent as it mixes terms in a manner that confuses the issue further.
    In short, where someone opts out, they will have an Engineer/ Architect certifying the build and completing stage payments as required however they are not the 'Assigned Certifier' as that is a specific title reserved for the Certifier where opt out is not the chosen route.
    So to say that final cert is required from 'Assigned Certifier' even when going the opt out route makes absolutely no sense.
    It would make much more sense if the guide stated that drawdown cert and cert of compliance is still required from your qualified construction professional even if opting out.

    If you could direct me to someone who can clarify this, that would be appreciated.


  • Closed Accounts Posts: 735 ✭✭✭Bank of Ireland: Nicola


    mickdw wrote: »
    Good Afternoon mickdw, 

    Thank you for getting in touch with us here on Boards.ie. 

    The Building Control Regulations allow owners to 'opt-out' of some of the Statutory Certification requirements for certain builds however, the Bank still requires Report Certificates and a final Certificate of Compliance from your assigned certifier even if you have chosen this option. 

    We have a guide on our website that goes into this in more details here

    I hope this helps and if you need anything else, please don't hesitate to contact us again. 

    Thanks, 
    Elaine 
    Hi

    Thanks for that. I am a construction professional and asked the question to try to clarify the situation but is there someone I could contact directly in mortgages as even the guide as linked above is not coherent as it mixes terms in a manner that confuses the issue further.
    In short, where someone opts out, they will have an Engineer/ Architect certifying the build and completing stage payments as required however they are not the 'Assigned Certifier' as that is a specific title reserved for the Certifier where opt out is not the chosen route.
    So to say that final cert is required from 'Assigned Certifier' even when going the opt out route makes absolutely no sense.
    It would make much more sense if the guide stated that drawdown cert and cert of compliance is still required from your qualified construction professional even if opting out.

    If you could direct me to someone who can clarify this, that would be appreciated.
    Hi mickdw, if you take a look at part 5 of that guide it covers the regulatory requirements. This goes into more detail around what documentation is required and who issues/certifies these documents if you are choosing the 'opt-out' option.

    For example, there are a number of statutory documents that aren't needed if you have opted out of the additional statutory certification requirements by competing the ‘Declaration of Intention to Opt Out of Statutory Certification'. These are outlined in the guide provided.


    In relation to our mortgage requirements, I'm going to check this further with our mortgage team to see if I can clarify this for you.

    Thanks
    Nicola


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    mickdw wrote: »
    Good Afternoon mickdw, 

    Thank you for getting in touch with us here on Boards.ie. 

    The Building Control Regulations allow owners to 'opt-out' of some of the Statutory Certification requirements for certain builds however, the Bank still requires Report Certificates and a final Certificate of Compliance from your assigned certifier even if you have chosen this option. 

    We have a guide on our website that goes into this in more details here. 

    I hope this helps and if you need anything else, please don't hesitate to contact us again. 

    Thanks, 
    Elaine 
    Hi

    Thanks for that. I am a construction professional and asked the question to try to clarify the situation but is there someone I could contact directly in mortgages as even the guide as linked above is not coherent as it mixes terms in a manner that confuses the issue further.
    In short, where someone opts out, they will have an Engineer/ Architect certifying the build and completing stage payments as required however they are not the 'Assigned Certifier' as that is a specific title reserved for the Certifier where opt out is not the chosen route.
    So to say that final cert is required from 'Assigned Certifier' even when going the opt out route makes absolutely no sense.
    It would make much more sense if the guide stated that drawdown cert and cert of compliance is still required from your qualified construction professional even if opting out.

    If you could direct me to someone who can clarify this, that would be appreciated.
    Hi mickdw, if you take a look at part 5 of that guide it covers the regulatory requirements. This goes into more detail around what documentation is required and who issues/certifies these documents if you are choosing the 'opt-out' option.

    For example, there are a number of statutory documents that aren't needed if you have opted out of the additional statutory certification requirements by competing the ‘Declaration of Intention to Opt Out of Statutory Certification'. These are outlined in the guide provided.


    In relation to our mortgage requirements, I'm going to check this further with our mortgage team to see if I can clarify this for you.

    Thanks
    Nicola
    Thanks
    That would be great.
    I'M aware of the regulatory requirements, it's BOI requirements I'm trying to clarify. 
    It is reasonably clear that bank of ireland acknowledge the opt out route and are happy to lend to such builds provided the appropriate construction professional is on board to certify.
    My point was that the guide in parts refers to Assigned Certifier even where opt out is being referred to and this needs clarification. 


  • Closed Accounts Posts: 1,060 ✭✭✭Bank of Ireland: Alison


    mickdw wrote: »
    mickdw wrote: »
    Good Afternoon mickdw, 

    Thank you for getting in touch with us here on Boards.ie. 

    The Building Control Regulations allow owners to 'opt-out' of some of the Statutory Certification requirements for certain builds however, the Bank still requires Report Certificates and a final Certificate of Compliance from your assigned certifier even if you have chosen this option. 

    We have a guide on our website that goes into this in more details here. 

    I hope this helps and if you need anything else, please don't hesitate to contact us again. 

    Thanks, 
    Elaine 
    Hi

    Thanks for that. I am a construction professional and asked the question to try to clarify the situation but is there someone I could contact directly in mortgages as even the guide as linked above is not coherent as it mixes terms in a manner that confuses the issue further.
    In short, where someone opts out, they will have an Engineer/ Architect certifying the build and completing stage payments as required however they are not the 'Assigned Certifier' as that is a specific title reserved for the Certifier where opt out is not the chosen route.
    So to say that final cert is required from 'Assigned Certifier' even when going the opt out route makes absolutely no sense.
    It would make much more sense if the guide stated that drawdown cert and cert of compliance is still required from your qualified construction professional even if opting out.

    If you could direct me to someone who can clarify this, that would be appreciated.
    Hi mickdw, if you take a look at part 5 of that guide it covers the regulatory requirements. This goes into more detail around what documentation is required and who issues/certifies these documents if you are choosing the 'opt-out' option.

    For example, there are a number of statutory documents that aren't needed if you have opted out of the additional statutory certification requirements by competing the ‘Declaration of Intention to Opt Out of Statutory Certification'. These are outlined in the guide provided.


    In relation to our mortgage requirements, I'm going to check this further with our mortgage team to see if I can clarify this for you.

    Thanks
    Nicola
    Thanks
    That would be great.
    I'M aware of the regulatory requirements, it's BOI requirements I'm trying to clarify. 
    It is reasonably clear that bank of ireland acknowledge the opt out route and are happy to lend to such builds provided the appropriate construction professional is on board to certify.
    My point was that the guide in parts refers to Assigned Certifier even where opt out is being referred to and this needs clarification. 
    Hi mickdw

    Bank of Ireland will require our property report certificates to be completed by a qualified construction professional (using the term 'assigned certifier' - the qualified professional who the owner has assigned to certify the work).

    Hope this further information helps.

    Many Thanks
    Alison


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  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Back to square one then. 

    Assigned Certifier only exists where client did not opt out.
    The bank appears aware of the opt out option and appears happy once the Statutory requirements are met according you your own guide,  yet nobody there appears to understand that the title Assigned Certifier is then dropped and when going the opt out route, you are back to the older style certification where qualified professional with indemnity insurance inspects the works and issues certification. This professional could not legally sign themselves as 'Assigned Certifier' on documentation for any project where the opt out route was chosen.

    Again, is it possible to contact an appropriate person within the mortgage department as this is going around in circles. 


  • Closed Accounts Posts: 1,060 ✭✭✭Bank of Ireland: Alison


    mickdw wrote: »
    Back to square one then. 

    Assigned Certifier only exists where client did not opt out.
    The bank appears aware of the opt out option and appears happy once the Statutory requirements are met according you your own guide,  yet nobody there appears to understand that the title Assigned Certifier is then dropped and when going the opt out route, you are back to the older style certification where qualified professional with indemnity insurance inspects the works and issues certification. This professional could not legally sign themselves as 'Assigned Certifier' on documentation for any project where the opt out route was chosen.

    Again, is it possible to contact an appropriate person within the mortgage department as this is going around in circles. 
    Hi mickdw

    We'll send you a PM shortly with a name and contact number to assist you further. 

    Many Thanks
    Alison


  • Registered Users, Registered Users 2 Posts: 6 Buildingahouse


    mickdw wrote: »
    Back to square one then. 

    Assigned Certifier only exists where client did not opt out.
    The bank appears aware of the opt out option and appears happy once the Statutory requirements are met according you your own guide,  yet nobody there appears to understand that the title Assigned Certifier is then dropped and when going the opt out route, you are back to the older style certification where qualified professional with indemnity insurance inspects the works and issues certification. This professional could not legally sign themselves as 'Assigned Certifier' on documentation for any project where the opt out route was chosen.

    Again, is it possible to contact an appropriate person within the mortgage department as this is going around in circles. 
    Just wondering did you ever bottom out if an "Assigned Certifier" is required for BoI mortgages?


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Just wondering did you ever bottom out if an "Assigned Certifier" is required for BoI mortgages?

    Yes i got talking to someone in the know in the mortgage department. My query was that while the boi mortgage docs referred to opting out - meaning that assigned certifier is not required, they then pretty much wanted a declaration stating that the engineer was the assigned certifier.
    I explained that i couldnt sign myself as assigned certifier in an opt out situation as that was a specific term / role. Bank chap then understood what i was getting at and it came across as the bank not understanding the significance of the term.
    We agreed that it was fine to proceed with opt out. I filled the forms and clearly noted that it was commenced under opt out clause and that while i am the certifying engineer, I am not undertaking assigned certifier role. This job is currently on site with a couple of stage payments drawndown.


  • Registered Users, Registered Users 2 Posts: 6 Buildingahouse


    Thanks for the quick and detailed response, really appreciate it!


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