Opinion Certificate of substantial compliance.. hell

glynnfolks

Hi,

Just looking for some help/direction on a hellish situation.

I’m currently trying to buy our first home and we have a situation where the original architect has issued a Certificate of substantial compliance to a change but a second architect we hired to do a survey on the property disagrees. We are now stuck in a legal/opinion battle for the past 3 months and we are now at a complete stop.

Would anyone have any advice on possible next steps to help us get this moving again? The original architect has refused to contact the council about the matter.

Any help or advice would be amazing. The solicitors are just sitting back and not really doing anything and we just feel helpless at this stage.

Calahonda52

what is the issue that they are disagreeing on?
what sort of a change?

glynnfolks

Calahonda52 wrote: »

what is the issue that they are disagreeing on?
what sort of a change?

The percolation area was moved from the north-west to an extended (boundary was increased and folio updated) north-east corner of the site. A letter was sent to the council asking them to confirm all was in order ~4 years ago (no response from them on the matter)

As the letter has been available in the online planning system for all to see for 4 years. He states this is substantial enough for him to form an opinion & issued a Certificate of substantial compliance.

Our architect disagrees that is substantial enough.

sydthebeat

So the percolation area was put outside of the original planning site?

glynnfolks

sydthebeat wrote: »

So the percolation area was put outside of the original planning site?

It's roughly half in the original planning site.

sydthebeat

glynnfolks wrote: »

It's roughly half in the original planning site.

And was planning permission sought for these new boundaries?

glynnfolks

sydthebeat wrote: »

And was planning permission sought for these new boundaries?

Not that we can tell. There is nothing under the planning number provided and looking at the planning map I can find no other applications for our site.

sydthebeat

Then your second architect is the one to listen to.

However this doesn't help you.

If you really, really love the property, and your banks solicitors are happy to accept the certification.... Then stick your fingers in your ears and go "la la la"...

glynnfolks

sydthebeat wrote: »

Then your second architect is the one to listen to.

However this doesn't help you.

If you really, really love the property, and your banks solicitors are happy to accept the certification.... Then stick your fingers in your ears and go "la la la"...

To be honest we had a feeling. We do love the property but unsure what this actually means for us further down the road if we go ahead.

sydthebeat

glynnfolks wrote: »

To be honest we had a feeling. We do love the property but unsure what this actually means for us further down the road if we go ahead.

you COULD use your time in the house to regularise things...

if the "unauthorised development" has existed for more than 7 years then you may be beyond the statute of limitations for the local planning authority to open enforcement action. However this doesnt mean that you have planing by default. the development is still unauthorised and thats brings its own difficulties.

if you apply to retain the change to site boundaries and the location of the percolation area, then best case scenario your looking at spending about €1500 to pay for a new application and most probably a new percolation test in the area where the percolation area is currently. Hopefully this test shows that the existing system is sufficient.
If not, then worst case scenario you could be looking at approx 7-8K if the ground condition sare crap and you need to put in a wastewater treatment system with a proprietary polishing filter.

if you have plans to extend the property in the near future, then you can tidy all these issues up together.

Personally, if you REALLY REALLY like the property, i wouldnt let this stop me from purchasing the house. While it is a difference of opinion between the two certifiers, its still only opinion. It is simple enough to put right, unless the ground conditions are really poor.... and if they actually are, then you are better off in the long run putting in a proper system to suit the ground conditions.

Hopefully though its decent ground and its just a paper exercise to resolve.

glynnfolks

Thanks so much for the advice!

sydthebeat

glynnfolks wrote: »

Thanks so much for the advice!

just to clarify.. in my previous post i originally said "would" instead of what i meant as "wouldnt let this stop me"

ive edited it now

glynnfolks

sydthebeat wrote: »

just to clarify.. in my previous post i originally said "would" instead of what i meant as "wouldnt let this stop me"

ive edited it now

Haha! We thought as much. Thanks again

Wildly Boaring

Actually went through kinda similar myself with previous house.

The percolation area wasnt witnin site.

I bought cheap knowing this and knowing that in worst case I could apply for planning and put in a new one.

Got slightly worst than my original worst case. Fell out with farmer over something else. But still as per Syd above I put in a new tank, with polished stone filter.
All in say 10k to the layman Inc the engineer's fees.

All ship shape and sold last year.

You're in a better position
1. You may never plan on selling and may not need to officially sort
2. No matter what, you can put it where it was supposed to go.
3. The council may eventually just accept if you write to them enough
4. They probably won't accept without a new percolation test and planning. Talking 1500 plus jcb and man for a day, maybe a bit more depending on location
5. You have to move it to where it should be. New tank (handiest) and bit of drainage stone etc. Say 5k
6. As above and Syd you've to go full Monty 8k plus original percolation test costs

BryanF

What’s is the land like? Drainage?
What is the area of the site that hot planning?
And the site area now being sold?
How many percolation areas are within say 500m radius of the property?