Mortgage drawdown and certificate of compliance

H3llR4iser

Hello all,

To make a very long and convoluted story short, I've been trying to close the buying of an apartment for a while now and one problem stands - the seller is unable to produce the certificate of compliance for the building, and my solicitor advised me that it would be IMPOSSIBLE to draw down the mortgage without it. We can hire an architect to produce the certificate, but the seller is in a rush and wants contracts signed in a few days from now, all while claiming that what my solicitor is advising is basically bullsh1t and that the bank will have no problem with draw down even if the certificate is missing.

I'm sure that one of the parties are wrong here and, by logic, I'd tend to think the solicitor knowing the law and being in the right...what's the story here? Is it really possible to draw down the mortgage without the cert?

frank730

your solicitor is working for you, the seller will say whatever to get the deal done, yes the bank will require these paperwork

H3llR4iser

https://www.boards.ie/discussion/comment/121362743#Comment_121362743

Thanks, I had no doubt, but worth seeking more information - you never know.

Oscar_Madison

It’s up to the seller to provide this certificate not you - either they’ve over looked it or there’s a problem- you’re paying your solicitor good money - listen to them - even if you have to say goodbye to this property.

Personally I’d be considering walking away - this doesn’t feel good at all - a lot of apartment buildings are in a bad way right now so buyer beware

PS- look at this thread

https://www.boards.ie/discussion/2058029555/certificate-of-compliance-apartment

H3llR4iser

Thanks. I managed to track down the architect firm that worked on the building. It's a 2008 construction so it might be a bit of a hail Mary, but who knows.

Oscar_Madison

Best of luck whatever you decide

Whelo

Hi there, out of curiosity what was the certificate of compliance referring to? Complying with Fire regulations or structural soundness of the building etc? Thanks

Junkjack

Is this a new apartment or existing, I would assume the Local Council would have this Certificate or could steer you in the right direction

frank730

https://www.boards.ie/discussion/comment/121370855#Comment_121370855

to confirm the property meet building regulations etc. older houses might not have these, in this case another report called architect’s Opinion on Compliance need to be provided by the seller. basically they hire an architect to say, based on my professional opinion the property meet the requirement.