Buying a house - Certificate of Compliance and Declaration of Identity

Phil1969

We are in the middle of buying a house from the early 1900's.

I am looking for some advice on the following, I know our solicitor will advise but I just want to get some feedback from anyone that knows anything about the issues below:

1. My solicitor has told me he has requested a "certificate of compliance or an exemption of planning permissions" but he has yet to receive either. The surveyor cannot determine if the house extension was built pre-1964, but I am wondering why would that matter if the extension is under 40sqm? Would it be a huge problem trying to re-sell in the future without the documentation? We are cash buyers but I would want to know if a mortgage provider would not loan the money without the paperwork and my solicitor has dodged the question.
2. There is also no "Declaration of Identify" for the boundaries, according to the vendor these were submitted to the council 5 years ago, and are still in the planning office, 5 years seems like a long time. If we were to buy the house without it, would the current application still count or would we need to do a new one? Again, is this a huge problem when buying an old house?

The renovation work on the house is already going to be over our original estimation after getting the survey report back, and although it is not huge amount over, we don't want issues with missing paperwork that would give us problems when it comes to reselling it.

Thanks in advance

muffler

1. Because its under 40m2 doesnt necessarily mean that its exempt. There are several factors that can come into play which would necessitate the extension requiring planning permission, Just to note also that the limit wasnt always 40m2 so the date of construction is important. Buy without the relevant paperwork and you are possibly buying someone elses problem and yes, you could hit problems when going to sell again.
2. Im not sure what this is about. Local Authorities dont normally keep such documents.

Phil1969

https://www.boards.ie/discussion/comment/121330479#Comment_121330479

Thanks for your reply. In regards to question too, I am not sure exactly where the application was put in, I was just told it was and that it was the declaration of identity which has something to do with the boundaries of the house. I just has presumed it was the local authorities. Thanks again.

muffler

The plot/site would normally be mapped with its boundaries clearly shown and then sent to the land registry for registration. Would that be what you are referring to? You can check the boundaries by going to www.landdirect.ie

Zoom in on the map and it will show the site together with a Folio number if it has been registered.

Phil1969

https://www.boards.ie/discussion/comment/121330909#Comment_121330909

Thanks, yes I think that must be what they are referring too as they is a map with it's boundaries but it has not come back from registration yet from 5 years back, the solicitor says it is not uncommon for it to take so long.

Penn

A Declaration of Identity normally accompanies an OSI map marked up with the site boundary in red and identifying the site and site area. It's just a signed letter from the surveyor/engineer/architect declaring that the physical site boundaries match the site boundary on the land registry map, and noting their qualifications (ie. "I, (Name), member of (professional groups & qualifications) with XX years experience confirm that I have surveyed the lands as per map with an approx. site area of XXXm2 / XXX acres / XXX hectares, and confirm that the boundaries on site correlate with the site boundaries as per Folio map XXXX).

It wouldn't be with the local authority or part of the planning. It's normally just done to either accompany a sale as part of contract documents (more so for large areas of land than houses though), or when submitting revised maps to the Land Registry (eg. if sub-dividing part of an existing section of land and therefore defining new site boundaries).

Phil1969

https://www.boards.ie/discussion/comment/121330963#Comment_121330963

Thanks for the information.

Mellor

https://www.boards.ie/discussion/2058321279/buying-a-house-certificate-of-compliance-and-declaration-of-identity

In regards to the date. 1964 was the date planning exempts came in. Everything before that was exempt afaik, which is why current regs reference that year. But the current exemption was established in 2001 not 1964. In 1964, the limit was far far less. It was 11sqm (technically 120 sq.ft)

Phil1969

https://www.boards.ie/discussion/comment/121335503#Comment_121335503

Thanks, that is interesting, the extension is definitely older than 2001 so I wonder why they say it is an issue.

muffler

https://www.boards.ie/discussion/comment/121335775#Comment_121335775

Has anyone said what the issue is? Perhaps it was built in the belief that it was exempt and now turns out that it needs PP.

muffler

If its any help the maximum exemption limit under the 1977 regs was 18m2

FJMC

Slightly off topic - but what are the implications if say an extension exceeded exempted development limits pre 2001 - but would be compliant post 2001?

Does that change its status from being non-compliant to being compliant?

Has any such case been taken as far as ABP?

Is there a link / source for previous exempted development 'regs'?

F

Phil1969

https://www.boards.ie/discussion/comment/121335875#Comment_121335875

I think the solicitor was wanting to know if it was exempt or if required planning permission, I think there was no paper work to clarify which is what the issue was, however my solicitor has just got back to me to say the surveyor has confirmed it is exempt from needing planning. Thanks for info and replies.

Mellor

https://www.boards.ie/discussion/comment/121335775#Comment_121335775

Because I it wasn’t exempt, it needed planning. Making it unauthorised development.

https://www.boards.ie/discussion/comment/121335949#Comment_121335949

No, it would be unauthorised. And would have to be corrected via a planning application, or a section 5 (technically wouldn’t qualify for Sec.5 but they probably let it pass).

https://www.boards.ie/discussion/comment/121335969#Comment_121335969

I would take their would for it. I ask them to demonstrate how they determined that. If they’ve actually check, they should know instantly.

They need to confirm the area and the year it was built, (or range of years)

Phil1969

https://www.boards.ie/discussion/comment/121336319#Comment_121336319

Thanks, I will be double checking with them for sure, I don't want any issues down the line. Thanks again.