I have a question about the essential legal documents that will be required when selling my home.
My house is a duplex built in 1983 and I have lived there from the start. In 2009, I built a single storey extension, bringing in an architectural technician at the design stage and a licensed engineer to oversee the main elements of the construction. Although the extension was exempted from the requirement of a building permit, under Section 5 of the Planning & Development Act 2000, I have requested from the South Dublin County Council a formal declaration to this effect and j subsequently received the statement. (The request to SDCC included various maps, floor plans and elevations, a notice on the exemption from the planning check of the Chartered Engineer and a nominal fee of € 80).
The point of getting this formal statement was to keep things simple when I was just selling, and I assumed that was all I would need. However, a friend in a similar situation was recently told by her lawyer that in the event that she sold her house (for which she also has an exempt development statement), she would also be required to have a certificate of compliance with the construction Control regulations and identity declaration; and that his engineer should provide this documentation. Can you please clarify what these two documents are, and whether or not they are essential for me to ensure a smooth property sale. What concerns me is that my engineer is an individual trader and may have retired since I used his services over 12 years ago.
If these additional documents are required and my engineer is no longer in business, how can I obtain these documents at this point?
Gina Mullen writes: The exemption statement you got from South Dublin City Council is confirmation that the extension was exempt from building permit requirements. While the extension was an exempt development, it is however necessary that its construction comply with building regulations. Construction regulations apply to all types of construction including extensions and regulations set the standards applied to ensure that the works concerned have been designed and built in accordance with said regulations.
It is not necessary that you hire the same engineer who supervised the construction of the extension to now prepare the certificate of compliance with the building regulations. A properly qualified building surveyor, engineer or architect can retrospectively certify compliance.
While it is prudent to obtain an opinion on compliance with building rules, it is not necessarily considered essential for the sale of your property. Your lawyer can qualify the planning position under the sales contract by inserting a special condition confirming that the construction of the extension was exempt and warning the buyer that the only document provided is the declaration of exemption. of the South Dublin City Council.
If a proposed buyer does not agree to the condition, then you will need to obtain the building regulations compliance certificate. If you / your lawyer take this approach, you will not have to incur the costs of obtaining the certificate unless the buyer insists. It is advisable to consult your lawyer and real estate agent before putting the property on the market.
Declaration of identity
It is not necessary, when selling a used property, to hire a surveyor or a licensed engineer to prepare a declaration of identity. A statement of identity is a document by which the surveyor / engineer certifies a property with respect to the correctness of the boundaries of the site and the services. In some cases, the proposed buyer’s lawyer may request it, but it is not a requirement for the sale of a used property. It is customary that a special condition is inserted into the contract that it behooves the buyer to do his own research and to be satisfied with the nature and extent of the limitations and services.
It may be that by noting that you bought your house under new construction, a statement of identity was provided to you at the time of purchase?
In order to avoid any delay in the sale of your property, you will find below a list of additional documents essential for the sale:
a) Your original title documents. If you have a secured mortgage on the property, the deeds will be held by your bank or other financial institution. Otherwise, your deeds may be held by you or by your notary. If you intend to put the property on the market in the immediate future, you can now ask your lawyer to take your title deeds as it can take between three and six weeks for the deeds to be released by the owner. the mortgage;
b) All planning documents relating to your home when it was originally built. Your title deeds should contain all relevant planning documents and certifications from the time you acquired your home;
c) Summary of local property tax printing;
d) BER certificate (Building Energy Rating).
e) Certificate of exemption from tax on non-primary private residence. This can be requested through the local authority.
f) Letter from the local authority confirming that the roads and services are in charge. It is customary for your lawyer to request this confirmation from the local authority.
Gina Mullen, lawyer, at P O’Connor & Son poconsol.ie