If a property has been altered in any way since its original construction, the changes may require a Certificate of Planning Compliance or a Certificate of Exemption. Typically, these certificates are provided by the professional responsible for the construction work, such as an Architect, Engineer, or Building Surveyor.
Identifying Changes to the Property
When you go sale agreed and hire a surveyor, they will assess the property during their survey to identify any changes and determine whether a certificate is required. For instance:
• If the property has a rear extension under 40 square meters, it may not require planning permission. In such cases, a qualified professional—Architect, Engineer, or Building Surveyor—would need to produce a document confirming that the extension is exempt from planning permission.
The Vendor’s Responsibility
It is the responsibility of the vendor (seller) to supply these certificates to their solicitor. The solicitor will then share them with the buyer’s solicitor to confirm that the property complies with planning regulations and is free from legal risks related to alterations.
What if the Vendor Doesn’t Have the Certificates?
In some cases, vendors may already have these documents, ensuring a smooth transaction. However, if the vendor does not have a certificate—or is unaware one is required—they must engage a professional to assess the property and provide an opinion on compliance or exemption.
These certificates are essential for ensuring the property adheres to planning laws and for providing the buyer with peace of mind.
What if the Vendor Cannot or Will Not Provide the Certificates?
Not all property sales are straightforward. If the vendor cannot or will not provide the necessary certificates, buyers may choose to obtain the required documents themselves. This can be quicker and more practical, especially when dealing with uncooperative vendors.
In such cases, we recommend that buyers engage a professional separate from the surveyor who conducted the pre-purchase survey. A conflict of interest could arise if the same surveyor charges for this additional service after having already provided an opinion on planning or exemption requirements during their initial survey.
When in Doubt, Seek Advice
Planning regulations, planning permission, and certificates of compliance or exemption can be complex. If you are unsure, consult your solicitor. They can explain the requirements and risks associated with the property. Solicitors may also liaise with your surveyor to clarify compliance requirements before advising on the matter.
At ComplianceCertificates.ie, we specialize in providing Certificates of Planning Compliance and Certificates of Exemption throughout Ireland. Our team of professionals ensures you have the correct documentation to complete your property transaction with confidence. If you need assistance, we’ve got you covered!
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