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What is an Opinion on Compliance with Planning Permission?

  • Joseph English
  • Jan 2
  • 3 min read

Updated: Feb 6

An Opinion on Compliance with Planning Permission, also sometimes called a Certificate of Compliance, is an essential document for most building works. This includes extensions and structural alterations to an existing property. The document certifies that the work meets Planning and Building Regulations. It gives confidence to property buyers and sellers regarding the legal status of the property.


This is different from an Exemption Certificate, which proves that a project did not require planning permission.



Importance of Having Compliance Documentation


If you are selling a property, it is highly recommended to have this documentation ready for all relevant structural works. Ideally, you should prepare it before placing the property on the market. Without it, you may face delays or complications during the sale process. Buyers’ solicitors usually request this confirmation to ensure the property complies with regulations.



Certificate vs. Opinion on Compliance


  • A Certificate of Compliance is issued when a qualified professional monitors the building works throughout the construction process.

  • An Opinion on Compliance, however, is issued when no original Certificate of Compliance exists. This scenario is common for older properties or unrecorded renovations. A qualified professional prepares the Opinion and presents it in a format approved by the Law Society of Ireland.



How is an Opinion on Compliance Carried Out?


The Opinion on Compliance process takes place after the project is complete. Since it is retrospective, the assessment relies on a visual inspection of the finished works. Here’s how the process works:


  1. Visual Inspection:

    • The professional conducts a thorough site visit to examine the completed work.

    • This inspection verifies if the structural alterations or extensions comply with Planning and Building Regulations.


  2. Planning Investigation:

    • The service includes a review of the planning files related to the property.

    • This ensures that any permissions or exemptions granted during the planning phase align with the completed work.


  3. Preparation of the Opinion:

    • Based on the findings, a detailed Opinion on Compliance is prepared.

    • This document provides necessary confirmation of compliance, formatted to meet the Law Society of Ireland's requirements.


Opinion on Compliance
Opinion on Compliance


Why is an Opinion on Compliance Important?


A valid Certificate or Opinion on Compliance is crucial. Without it, a property’s sale or mortgage approval may be delayed or even jeopardised. Buyers, solicitors, and lenders rely on this document to confirm that the property complies with the necessary regulations. This helps avoid potential legal disputes or future enforcement actions.


If you are unsure whether your property requires an Opinion on Compliance, consult with your solicitor or a qualified professional. They can provide guidance on whether one is necessary and how to obtain it.



Process of Obtaining an Opinion on Compliance


Getting an Opinion on Compliance can simplify what may seem like a daunting task. Here are the steps to follow:


  1. Hire a Qualified Professional:

    Contact a qualified professional who is experienced in assessing properties for planning compliance. This could be an architect, surveyor, or engineer.


  2. Schedule a Site Visit:

    Arrange for a professional to visit your property. This inspection will form the basis of their assessment.


  3. Review Documentation:

    Ensure that all planning files and previous permissions related to the property are accessible. This will help streamline the investigation process.


  4. Await the Report:

    After the visual assessment and review process, wait for the detailed report. This report may take some time, depending on the professional’s workload.


  5. Act on the Findings:

    If the Opinion confirms compliance, you can confidently sell your property or apply for a mortgage.



At ComplianceCertificates.ie, we specialise in providing Opinions on Compliance with Planning Permission quickly and efficiently throughout Ireland. Our qualified team is dedicated to ensuring that your property is sale-ready. This gives you peace of mind and helps you avoid unnecessary delays. Need help? We’ve got you covered!

 
 
 

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