Certification of Building Regulations for extension

Mr November

Looking for some advice

We recently completed an extension on our home.
Part funded from top up mortgage. We had planning permission, compliance notice & issued certs from engineer as required for drawdown etc. Everything is completed & we are trying to close off the mortgage.

Engineer provided a cert which states works are 'in compliance with Part A of Building Regulations'
While our Solicitor is insisting this needs to state compliance 'with (all parts) of Building Regulations' not just Part A

Having gone back and forth on this a number of times, we have gotten nowhere.
Engineer tells us this is what they always provide to clients for certification - Solicitor insists it does not cover requirement.

I have no idea at this point who is right and who is wrong. Or what to do next.
Any advice would be much appreciated.

sydthebeat

If the engineer was signing off "staged payments" for the mortgage, the forms they would have been signing pertained to ALL building regulations. So it's a bit irregular for them now to claim that they are only certifying part A.

Does your solicitor have a copy of this stage payment forms? afaik in the original form signed by the engineer to undertake the sign off, it says something like "I confirm I will provide certification with building regulations on completion"

Penn

If your Engineers only designed and looked after the structural elements of the build, it's understandable that they're only certifying the parts of the build (Part A of the Building Regs) they were responsible for. However in such cases, they would normally be doing so on behalf of another certifier (ie. Architect) who is certifying the works as a whole.

If your Engineers designed and looked after the whole build (eg. specifying the insulation, ensuring it complies with fire regulations, ensuring it complies with disabled access requirements etc) then they should be certifying that it's in compliance with all of the Building Regs.

Did your Engineers issue detail or specification drawings to the builder in advance of the works? Did they quote for overseeing the works during construction and certifying the works at the end (in which case you should review any emails or quotes you received from them saying if it was only for Part A of the Building Regs)?

Mr November

https://www.boards.ie/discussion/comment/123860720#Comment_123860720

That's a good point.
Section 2 on the certs state "construction to date is in accordance with planning permission/building regulations"

and yea, Solicitor would have copies of the certs.

Mr November

https://www.boards.ie/discussion/comment/123860736#Comment_123860736

We used an architect for plans & submission for planning permission. Engineer was only used to certify works. This is probably where the issues lies - we did not use an architect or engineer to oversee the works in progress.

Undertaking from Engineer states “Upon satisfactory completion of the worlds, we are to undertake the Completion Inspection and thence to provide a Certificate of Compliance with appropriate sections of The Techincal Guidance Documents for Compliance with the Building Regulations, Codes of Practice, and Standards of workmanship”

sydthebeat

Was the mortgage broken into different stages, or just one drawdown on completion?

Mr November

https://www.boards.ie/discussion/comment/123860784#Comment_123860784

Different stages but no stipulation from Bank to do so. Could have drawndown all in one go if we wanted/needed.