When you purchased the apartment you should have received this document with your contracts, so you should have it on file somewhere.Te sale of an apartment I own fell through recently due the absence of the architects opinion on compliance.
The auctioneer won't relist it until this is rectified. They offer no advice on how to do this. My solicitor is not that keen to put the time into resolving it after the buyer pulled out. Everything else is in order
The building architect advise they no longer hold copies of this on file. I was hoping they would offer a replacement or provide an affidavit that it complied, but so far, have not offered that.
I contacted the apartment management agen but they was not of much assistance.
Can anyone offer advice on how to resolve this and the time involved. If it's going.to be a long time I would have to relet the property rather than have it sit empty indefinitely.
My former landlord did do this, 1k isn't a huge outlay if you are selling for more than 200k.Could you write a note into each of the other apartment holders and ask them if they can access their title deeds. You could offer an incentive. They all should have it. If someone without a mortgage could call up their deeds from solicitors, or may even have them to hand.
The alternative is paying a professional to offer an opinion on planning and compliance. Expect to pay about 1k for this.
That's correct & its because each unit has to be validated in its own right against plans to make sure that the developer didn't make some change that wasn't compliant. (Incredible as it might seem, this can and does happen).Thanks...I actually tried this as an avenue., thinking they would be generic documents. The note or document is specific to each unit so other than being a template to the original format, I am told its not possible to use it for another unit.
You are correct. My original solicitor would have got all that for the conveyance. Unfortunately, 20yrs later it's no longer in the file and cannot be located.When you purchased the apartment you should have received this document with your contracts, so you should have it on file somewhere.
Is anyone able to recommend an architect/company to do this. I have asked two already and they don't do this.My former landlord did do this, 1k isn't a huge outlay if you are selling for more than 200k.
Have you asked them?The building architect advise they no longer hold copies of this on file. I was hoping they would offer a replacement or provide an affidavit that it complied, but so far, have not offered that.
Have you tried any other auctioneers?The auctioneer won't relist it until this is rectified.
It was my solicitor that said the architects did not have copies of the original certificatation. I then asked them to find out if it was possible for the architects to swear an affidavit to state it was compliant at the time or similar. I don't think they asked as I heard nothing since. I am going to try and follow up direct with the architects as time is money to me here.Have you asked them?
It shouldn't be that hard for them to confirm in writing that they acted for you and that their services at the time you purchased would have included the provision of an architects opinion on compliance.
Have you tried any other auctioneers?
It seems crazy that the loss of a historic document could prevent the marketing and sale of a property 20 years on.
It won't. It's common for a recent certificate of opinion on compliance to be required for older properties, as a 20 year old document does nothing to validate that any works completed since were compliant. Bank's are getting more particular about ensuring properties haven't had unauthorised work carried out.It seems crazy that the loss of a historic document could prevent the marketing and sale of a property 20 years on.
Thanks Leo,It won't. It's common for a recent certificate of opinion on compliance to be required for older properties, as a 20 year old document does nothing to validate that any works completed since were compliant. Bank's are getting more particular about ensuring properties haven't had unauthorised work carried out.
Yeah, the banks aren't looking for a history lesson, they want to know whether the property in its current state is fully compliant with planning regs to protect against a non-compliance issue significantly affecting its value.Thanks Leo,
Am I reading your post correct that the missing certificate is not an issue that should be used to delay remarketing the property?
As an apartment there is little to nothing I can do to alter its size or layout.
Thanks again LeoYeah, the banks aren't looking for a history lesson, they want to know whether the property in its current state is fully compliant with planning regs to protect against a non-compliance issue significantly affecting its value.
I've found Tradesmen.ie good when I couldn't get personal recommendations.Can anyone recommend to me an architect / other professional that can help me.
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