Building Compliance from 1978 ??

AthenaCottage

Hi all,
In the process of selling our house. Our solicitor has brought up an issue from 1978 where planning was sought and permission given, to convert a bedroom into a bathroom and install a septic tank.
There appears to be no certificate of compliance...bit confusing as to what is actually amiss but seems to be causing a major issue with the legal side of things.
Anyone cast any light on this as the property has been bought and sold several times since 1978.

BryanF

Seller employees an engineer to offer opinion on tank & bedroom/bath

What’s the problem? Seller can’t be bothered and your solicitor won’t proceed?

AthenaCottage

BryanF wrote: »

Seller employees an engineer to offer opinion on tank & bedroom/bath

What’s the problem? Seller can’t be bothered and your solicitor won’t proceed?

Well, everything was ok when we purchased. Surely it's for the future purchaser to look at employing an engineer?

BryanF

Not really. The seller is best placed to get work regularized/certified

Although it’s a sellers market.. tell the potential purchaser to ‘take it or leave it’

Is the tank registered?

AthenaCottage

BryanF wrote: »

Not really. The seller is best placed to get work regularized/certified

Although it’s a sellers market.. tell the potential purchaser to ‘take it or leave it’

Is the tank registered?

Hi, yes the tank is registered.
I don't understand why something that was done 40 years ago has suddenly become a problem though.

BryanF

AthenaCottage wrote: »

Hi, yes the tank is registered.
I don't understand why something that was done 40 years ago has suddenly become a problem though.

It’s not a problem. Just prove it complies with the planning permission.

Gumbo

AthenaCottage wrote: »

Hi, yes the tank is registered.
I don't understand why something that was done 40 years ago has suddenly become a problem though.

Standard procedure.
You engage an Engineer or Architect or Surveyor to provide an Opinion of Compliance.

Happens every day throughout the country, and the vendor does this 99% of the time. The 1% is when the buyer doesn't care and are funding the purchase themselves, if the Banks are mortgaging it for a buyer, they will want it from the Vendors side before funds are released.

sydthebeat

AthenaCottage wrote: »

I don't understand why something that was done 40 years ago has suddenly become a problem though.

well, the reaosn its now a problem is that solicitors got badly burnt during the recession due to their lack of 'due diligence' on matters such as these..... and now they are making sure that all proper legal matters are dealt with

AthenaCottage

sydthebeat wrote: »

well, the reaosn its now a problem is that solicitors got badly burnt during the recession due to their lack of 'due diligence' on matters such as these..... and now they are making sure that all proper legal matters are dealt with

Hmmm...so cause all kinds of aggravation just to cover their own backs?
Don't ya think its faintly ridiculous to pick up on such a tiny issue from 40 years ago..?
I wouldnt mind but its not even the potential buyers solicitor creating a ruckus.

AthenaCottage

kceire wrote: »

Standard procedure.
You engage an Engineer or Architect or Surveyor to provide an Opinion of Compliance.

Happens every day throughout the country, and the vendor does this 99% of the time. The 1% is when the buyer doesn't care and are funding the purchase themselves, if the Banks are mortgaging it for a buyer, they will want it from the Vendors side before funds are released.

Think we'll hang fire and wait and see what's picked up by the vendor's solicitors. The costs are already exorbitant. Can imagine that an engineer/architect/surveyor will be another thousand or so...

BryanF

https://www.gsi.ie/en-ie/geoscience-topics/environmental-health/Pages/Groundwater-pollution.aspx

https://www.google.ie/amp/www.thejournal.ie/septic-tank-inspections-miss-deadline-daily-fine-epa-788562-Feb2013/%3famp=1

AthenaCottage

So the council planning and building control have no idea why this would be an issue as all improvements such as this was were self-certify. So no signing off was ever needed for the work done. How on earth could that now be an issue that's needing many hundreds of euros to resolve.
It gets more crazy the more it's looked into.

sydthebeat

AthenaCottage wrote: »

So the council planning and building control have no idea why this would be an issue as all improvements such as

1. this was were self-certify.

2. So no signing off was ever needed for the work done.

How on earth could that now be an issue that's needing many hundreds of euros to resolve.
It gets more crazy the more it's looked into.

youre mistakenly drawing 2 as a result of 1

Self certify was required. No self certification was done.
Solicitor looking for certification now.

absolutely nothing at all to do with the council planning or building control, dunno who advised you to contact them on it.

Gumbo

AthenaCottage wrote: »

So the council planning and building control have no idea why this would be an issue as all improvements such as this was were self-certify. So no signing off was ever needed for the work done. How on earth could that now be an issue that's needing many hundreds of euros to resolve.
It gets more crazy the more it's looked into.

Your reading into this all wrong.
The council did not certify the works. The council still do not certify these types of works. It was and still is self certification. In other words, the home owner engages the professional to certify them.

If you never got it certified back then, then it’s time to do it now.
It’s good work on the solicitor in this case as it shows they know how to do their job.

AthenaCottage

Hi, thanks for the replies.
That makes more sense now. At least I can see how that works now, it wasn't made very clear to us previously.

I have a further issue to consider but think it deserves a new thread.

Thanks all...