Structural defects indemnity

[Silvester]

We are in the process of buying a 3 yr old house. Our solicitor has just told us when he asked the vendor's solicitor for a Structural Defects Indemnity they declined, saying that the house was built by direct labour and they didn't get one from the builder, but that they will supply Certificates of Compliance with Planning and Building regs.

Why did the owners of the house not obtain one of these from their builder - were they remiss in not doing this? Should every buyer expect to get one from their vendor? What are the ramifications of not having one?
Is this a deal breaker or a minor issue? Any advice/info appreciated.

 

[Ravima]

if house was built by direct labour, then there is no 'builder' as such, all different people did different jobs.

Solicitor wants an indemnity in case there are structural defects. That seems a reasonable requirement, lest the place fall down next week and you will be homeless and wondering who you can sue.

you could always have an engineer have a look over the place for structural defects, but you will not get anyone to sing up to confirming tha there are none and will be none as this is not possible to do.

Is it a dealbreaker? Well that is your own decision. I looked at a house in 1989 that I wanted. I offered the asking price on first viewing and this was acepted. engineer found faults with roof and walls, but today, house is still standing and current owners (regrettably not me) are very happy with the purchase.

I'm not much help either am I? You and only you can decide.

 

[Silvester]

Ravima, thanks for the info. Sorry you didn't get the house..
We have had a fairly thorough survey done, but this Indemnity threw me because I'd never heard of it before. However, if vendor supplies the Certs. of Compliance and we have insurance, then I imagine we're fairly well covered.

 

[REXO]

Certs of compliance making specific concrete reference to building regulation compliance do not exist. So called "certs of compliance"are opinions of compliance but they are not legally binding - if you take time to study them. A building can comply or not comply .... you just have to hire a good inspector to check it out. CAVEAT EMPTOR sometimes you check the apple for bumps before you buy it. Dont rely on a sticker to say its good. I had serious prob;ems in Co westmeath with my house after a bought it but the building control section in the council sorted it out. The house was 3 years old when i bought it and had already been given a so called cert of compliance. See building control webpage on westmeathcoco.ie website. Your county council should have a similar setup to help you