Terms and Conditions for Opinions on Compliance

Opinion/s of Compliance are prepared in accordance with the formats recommended by the Law Society of Ireland Conveyancing Handbook.

Report Overview

The principal objective of an Opinion on Compliance report is to report on the substantial compliance of specified
developments with planning and building regulations and provide documentation for use by your legal advisor.

Scope – What the Service includes

  1. A visual inspection of specified, completed, developments at the property (residential or commercial). The
    developments to be inspected should be specified by the client at the time of booking.
  2. A Site Visit. The Opinion on Compliance service includes one visit to the property.
  3. Planning Office Visit. A visit to the planning office is relevant only to an Opinion on Compliance with Planning
    Permission. Planning permission for the specified developments is researched and findings included in the final
    report.
  4. A Report providing an Opinion on Compliance for Exempt Development or an Opinion on Compliance with
    Planning Permission, as relevant. The report includes the engineer’s opinion in relation to compliance with
    planning permission and building regulations in respect of the specified development(s)

 Limitations of Opinion 

  1. Opinions are based on a visual inspection of the named structural aspects of the development only (as per details
    submitted in quote). They are issued to provide evidence for title purposes of the substantial compliance of the
    relevant development with: –
    a. Planning control, within the meaning of the Planning Acts.
    b. Building regulations, within the meaning of the Building Control Acts.
  2. Opinions are not a report or survey on the current physical condition or the structure of the relevant works. The
    Opinion is not a replacement for a Certificate of Compliance that covers the original design and construction of the development, but is solely provided to facilitate the conveyancing process.
  3. Opinions do not warrant, represent, or consider any of the following:
    • Matters in respect of private rights and obligations.
    • Matters of financial contributions and bonds.
    • Development of the property which may occur after the date of issue of the Opinion.
  4. The planning files researched for an Opinion on Compliance with Planning Permission are provided by the Local
    Planning Authority. We can only comment on what is contained in the files that are presented to us for inspection
    by the Planning Authority. The files may be incomplete, documents may have been misfiled, removed, or even
    altered, therefore we do not warrant the accuracy or completeness of the information or data. We do not claim
    that this source represents an exhaustive or comprehensive list of all sources that might be consulted.
  5. When a planning permission refers to an entire multi-unit or apartment block complex, house estates or multi-unit commercial centres, the Opinion on Compliance Certificate will be restricted to the individual unit only and not the entire development.
  6. An Opinion will refer to substantial compliance with planning permission and building regulations, saving and
    except such deviations as would not warrant, in the opinion of the engineer, the issue of enforcement proceedings as provided for in the Building Control Acts.

­Price and Payment

  1. Valid numbered quotations are provided in writing and are valid for thirty days from the date of issue.
  2. Payment can be made by credit card, debit card, and Electronic Funds Transfer (EFT). Payment is taken at the time of booking.
  3. If subsequent re-inspection is required, an additional fee will be quoted for and charged accordingly.

Report Issue 

  1. Reports are issued by email. The email will contain a link to a secure site, where the certificate can be viewed and downloaded.
  2. PDF / emailed reports are provided in colour.

Liability, Confidentiality, and Ownership 

  1. Liability is limited to a maximum amount equal to the fee paid for the opinion on compliance.
  2. Ownership of the report passes to the client upon receipt by Property Health Check Limited of full payment.
  3. The report is issued to the person to whom it is addressed for their and their legal adviser’s use and is not intended or authorized to be used by a third party, without our prior written consent.
  4. If a third party chooses to use this report, they do so without Property Health Check Limited’s permission or authorisation, and they do so at their own risk. No communications will be entered into with any third party re the report, without the prior consent of the client.

Complaints Policy 

  1. We aim to give excellent service to all our customers, however, we recognise that things may go wrong occasionally. We will do our best to deal with your complaint as effectively and quickly as possible. Find out how to make a complaint here.
  2. To get in touch please contact our Customer Care team using one of the following methods: –

    • Call 0818 787839

    • Email: info@propertyhealthcheck.ie

    • Post: Property Health Check Ltd Ltd., 20 Main Street, Kenmare, Co. Kerry

Termination 

  1. The Client may terminate an Agreement but must give a minimum of two working days’ notice.
  2. If a cancellation or a postponement takes place within two working days of the inspection, then 75% of the fee
    paid will be refunded.

©PropertyHealthCheck
File Name: TCOpinionOnCompliance20240430V06.2