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Is it ok for the new house to have opinion of compliance instead of certificate?

  • 05-11-2023 1:09pm
    #1
    bitec
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi all.

    Would really appreciate a bit of consultation from experts.

    I'm sell-agreed on the house (it's a single house built by some local builder, not a part of the newly-built estate) and for some reason they declare that they have an Opinion of Compliance and not a Certificate of Compliance. Also they state that they are not registered to HomeBond or alternative policy/scheme and they provide a structural guarantee for 6 years (otherwise, as far as I understand, HomeBond would do 2 inspections during the building and provide the Certificate of Compliance).

    Who knows if it's ok for the new house to have an Opinion instead of a Certificate? I could understand if this was an older house but the absence for the new house worries me a lot. Though I did the building surveying and it was OK but it surely cannot "inspect" internals and foundation.


    Thanks



Comments

  • #2
    muffler
    Registered Users, Registered Users 2 Posts: 46,555 ✭✭✭✭muffler


    Who designed and inspected the works from start to finish? Was it properly registered in the BCMS?



  • #3
    muffler
    Registered Users, Registered Users 2 Posts: 46,555 ✭✭✭✭muffler


    Sorry I should have added that the opinion is very much used when issuing certs. However if it's a new house you will need documents from BCMS and also an opinion on compliance with planning permission.



  • #4
    mickdw
    Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    If its a one off house, it's likely commenced under opt out of statutory certification and as such comes with the traditional style opinion on Compliance.

    I wouldn't get too.hung up on the difference between opinion of compliance or certificate of compliance.



  • #5
    bitec
    Registered Users, Registered Users 2 Posts: 2 ✭bitec


    Thanks for your responses!

    I'll talk to the solicitor tomorrow and I think he should request documents for further investigation.

    But in the contract of sale the following is written:

    This property is not registered with HomeBond or alternative policy/scheme. No further objection, requisition or enquiry shall be raised regarding same. ** Consulting Engineering will provide a structural guarantee to cover any proven structural defects from their design that arise within 6 years

    Does this ring an alarm to anyone? AFAIK HomeBond provides 2 inspections during the building process and they issue the Certificate of Compliance, also they insure for 10 years. What if the builder company goes bankrupt?

    The Opinion of Compliance with Building Regulations and Planning Permission has been furnished. The Purchaser shall accept this a evidence of compliance with conditions in the Planning Permission XXXX...

    So according to your comments above this looks like an OK situation? May I have problems with selling house considering I've an Opinion instead of Certificate?

    Also what if the builder failed certifications and that's why went for an Opinion?


    Sorry for many questions, but this puts a lot of stress on our family as we went quite deep in the process and selling our house, but we want to be sure that we are protected against global problems with this new house



  • #6
    mickdw
    Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Consulting Engineers are not in the business of giving structural guarantees and as such all you would be getting there is standard protection against professional Negligence as provided by their indemnity insurance but far from a structural guarantee as it would have to be a defect due to improper design.



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  • #7
    Mellor
    Registered Users, Registered Users 2 Posts: 39,902 ✭✭✭✭Mellor


    Are you referring to compliance with building regs or planning? I assume building regs, but best be sure what the documents are.

    Homebond is not compulsory. They offer a structural guarantee, it's up to the builder see if that adds a value for them. The structural guarantee does not come with a certification of compliance with build regulations. Homebond also off building certification/control services, that is separate to the homebond scheme and is no different to any other professional offering certification as part of their business.

    They Opted out of the formal certification. That is normal. The opinions on compliance and likely ok also.

    Not offering a insurance policy is there choice. The engineers provide a professional indemnity to cover the design. Request to see this, but it is likely normal. After that, the builders work needs to be warrantied. Ask to see that in writing.



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