No certificate of complying with planning permission

Andreea77

New Member
Hi me and my husband are planning to buy house in Ireland.
We found the house we start with the papers, but we have a surprise, the owner lost all the documents from the house.

Our solicitor received till now contracts and few other papers, but she is still waiting for certificate of compliance with planning permissions and building regulations.

Can someone know how long it takes to get them.
 

Andreea77

New Member
I asked my solicitor how long will take till she will received them, but she didn't know what to tell me.
She said that she needs to received from vendor solicitor only certificates of compliance with planning permission and building regulations.
This is why I'm asking maybe is someone who know how long is taking to get them
 

RedOnion

Frequent Poster
That's up to the seller, and how urgently they chase it.
They need to engage an engineer to give certificates or opinions of compliance.
If it's compliant, and they treat it as urgent, it can be done in a few days.
 

Andreea77

New Member
Ok thank you for all
And do you know if is a must to have survived the house that I'm planning to buy? I read a survey report from a house and it doesn't say to many things in it. Is this helping me with something?
 

RedOnion

Frequent Poster
Your solicitor can't say he has good title without it.
If for example the house does not comply with planning permission, if less than 7 years the council could seek demolition (the extreme - but that's why you need it). If you need a mortgage you will have to have it.

To ease your mind, check if the planning application is available online, and you'll have a rough idea if it is what that had permission for.
 

Andreea77

New Member
I checked but I didn't found any for that address, that means that they didn't apply for it?
I did valuation report for the bank, but my solicitor told me that I should do another reporr from a surveyor for the house, this is what I'm asking is this last report helping me with something?
 

Andreea77

New Member
I checked all the planning application for all the area, but I couldn't see any for the house that I what to buy. So let me understand if they what to get another certificates of compliance with planning permission and building regulations they have to apply on this site for it?
 

RedOnion

Frequent Poster
that means tha
No, it might just predate the online application records. The council planning department would have it in archive in that case.

but my solicitor told me that I should do another reporr from a surveyor for the house, this is what I'm asking is this last report
Its going to give you a degree of comfort about the condition of the house, or any major work that's needed that you might not see yourself. You're right about the level of detail in them though.
 

Leo

Moderator
They may have built an extension within the exempted development limits. In such cases it is vital you obtain the cert or opinion on compliance, many banks will not release finance without this assurance that all is in order, and you will run into the same issues whenever you come to sell. Non-compliant works can also cause issues if you ever look to carry out further development on the property at a later stage.
 

Saavy99

Frequent Poster
Maybe they never applied for planning permission for the house full stop in which case you should run and don't look back.

It should be mandatory that sellers have all their ducks in a row before putting houses up for sale, it's so annoying for buyers when this stuff is not in order.
 

SaySomething

Frequent Poster
They may have built an extension within the exempted development limits. In such cases it is vital you obtain the cert or opinion on compliance, many banks will not release finance without this assurance that all is in order, and you will run into the same issues whenever you come to sell. Non-compliant works can also cause issues if you ever look to carry out further development on the property at a later stage.
Even without an extension, if any internal works were carried out - conversion of an attic, knocking of a wall, or installation of a new partition - all of these need to be checked to see if they are compliant. Regardless of the financial/legal implications of buying or trying to sell on without certification, there is a chance that any works carried out in the house could be dangerous. Definitely don't buy any property without the certificates and doing your own checks as well.
 

Bronte

Frequent Poster
I checked but I didn't found any for that address, that means that they didn't apply for it?
I did valuation report for the bank, but my solicitor told me that I should do another reporr from a surveyor for the house, this is what I'm asking is this last report helping me with something?
The Valuation report is basically an auctioneer telling the bank how much the property is worth (for the mortgage application)

You Absolutely must get an Engineer to do a physical survey of the house to let you know any faults in it. This is not compulsorily but you Must do it for your own sake. It might tell you the house is falling down or has pyrite or has a bad roof or rotton windows etc.
 
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