Frequently Asked Questions on Compliance Certificates Services

A Certificate of Compliance is required for all new build work and for all alterations, additions or extension work to an existing property to ensure that all works have been carried out in accordance with any Planning Permission granted and the Building Regulations. Since the introduction of the Building Control Amendment Regulations 2013, it is now part of a statutory process, which is managed on the BCMS system for all new building work over 40 sq.m.

A Certificate of Compliance is provided by an architect, surveyor or engineer, to certify that they have supervised your construction project and that it has been built in compliance with Building and Planning Regulations.

You will be asked to supply this on the sale or mortgage of your house. If you have not employed an architect, engineer or surveyor and you do not have a Certificate of Compliance, then you will have to provide an Opinion of Compliance.

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height. Where these thresholds are exceeded, the exemptions no longer apply.

Our Certificates of Exemption cover the following:

• Certificate of Exemption with Planning Regulations.

All our Certificates/Opinions are prepared in compliance with the Law Society of Ireland standard format. We carry adequate Professional Indemnity Insurance which offers you the protection and peace of mind for all certificates furnished by us.

A Planning Certificate is required before any new build work starts. This often includes alterations, additions or extension work to an existing property to ensure that all works have been carried out in accordance with any Planning Permission granted and the Building Regulations. Since the introduction of the Building Control Amendment Regulations 2013, it is now part of a statutory process, which is managed on the BCMS system for all new building work over 40 sq.m.

A Certificate of Compliance is provided by an architect, surveyor or engineer, to certify that they have supervised your construction project and that it has been built in compliance with Building and Planning Regulations.

You will be asked to supply this on the sale or mortgage of your house. If you have not employed an architect, engineer or surveyor and you do not have a Certificate of Compliance, then you will have to provide an Opinion of Compliance.

An Opinion of Compliance is similar, but it does not offer you the same assurances that a Certificate of Compliance will do. The Opinion of Compliance is carried out after the completion of the project and is generally only based on a visual inspection of the works.

An Opinions of Compliance covers the following;

• Opinion of Compliance with Planning.

• Opinion of Compliance with Building Regulations.

• Opinion of Exemption with Planning.

Typically, a Certificate of Compliance is issued after construction progress has been overseen by the engineer or architect working on the project. Conversely, an Opinion on Compliance is crafted in situations where a certificate for finished works is unavailable.

Usually the owner of a property (or vendor) requires an opinion on compliance for any changes that have been made to their property during their period of ownership.

An Opinion on Compliance becomes necessary when alterations have been made to a property without a Certificate of Compliance available to validate those modifications. This applies in two scenarios:

• When the changes made do not necessitate planning permission (Opinion on Compliance for Exempt Development).

• When the changes made require planning permission (Opinion on Compliance with Planning Permission).

Whether you are selling a property or re-mortgaging , a solicitor or bank will require a document – an Opinion on Compliance or Certificate of Compliance – to make sure that the property that you are purchasing, and/or that you are borrowing money for, is compliant with planning permission and building regulations.

Once the enquiry is made, one of our Architects will reach out to discuss the enquiry, offer a quotation and look to book in the inspection. Once the inspection is booked and completed the Certificate can be issued within 24-48 hrs afterwards.

The only delay could be if you require an Opinion of Compliance with Planning and the planning file is not available for viewing online and required the file to be ordered in the council offices from their archives. If this is the case a separate fee will be added and the timeline for the council to make it available for viewing could be anywhere for days to a week or two.

A soft copy is issued via email in PDF once payment has been received. The same day, the original signed hard copy will be posted to the address. If the client would prefer it is sent directly to the solicitor, this can also be arranged at no extra charge.

The cost depends on the Opinion required. An opinion on compliance with building regulations and planning permission is more costly since it includes the investigation of planning files as well as the visit to the property. Filing fees and/or retrieval fees from the local authority may also be incurred.

Yes, an Opinion of Compliance can still be issued even if some areas are non-compliant. However, the document will include a disclaimer specifying the non-compliance issues, such as planning or building regulations. The acceptance of the document by solicitors depends on the severity of the non-compliance. Minor issues are generally accepted, while substantial non-compliance may lead to rejection. We recommend addressing any non-compliance issues to ensure smoother transactions.

An Opinion of Compliance can only be issued by a qualified professional in the following roles, a Registered Architect, Chartered Engineer or Surveyor. These professionals must also have appropriate professional indemnity insurance.

Yes, our Opinions on Compliance are provided in a format approved by the Law Society of Ireland and accepted by banks, mortgage companies, and solicitors. This ensures that your property transactions proceed smoothly and without legal complications. We have a proven track record of facilitating seamless property transactions.

Yes, we prioritize direct communication with your solicitor to minimize any confusion or misinterpretation regarding planning queries or requirements. This approach ensures professional and reliable responses, supported by third-party liability insurance, and facilitates clear communication between professionals. It streamlines the conveyancing process for efficiency and organization. However, we are also open to communicating directly with the client if preferred. Our goal is to ensure a smooth and efficient process for all parties involved.

Yes, we must visit the property to certify that the works included in the opinion on compliance have been carried out. We also need to carry out a visual inspection and document the development with photographs and measurements as required.

Access arrangements for all inspections are coordinated by ComplianceCertificates.ie. If the individual requesting the opinion has access to the property, we will work with them to arrange access, expediting the process. Alternatively, if access is not available through the requester, we will liaise directly with the agency or vendor.

Please note that this process may require some time, as the contact person may not always be immediately available, and scheduling dates and times must be confirmed. Once scheduling for the inspection is finalised, clients will receive an email confirmation of the scheduled date.