Opinion on Compliance For Exempt Developments

Frequently Asked Questions

• What are Compliance Certificates?

  Compliance certification is required for all new build work and for all alterations, additions or extension work to an existing property. This is to ensure that all works have been carried out in accordance with any Planning Permission granted and the Building
  Regulations.

  A Certificate of Compliance is provided by a qualified professional, e.g., 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 on Compliance.

• What is an Opinion on Compliance?

  An Opinion on Compliance will certify whether any changes made to a property substantially complied with the building and planning permission regulations at the time of change.

  An Opinion on Compliance can be prepared when building work has already been completed. The engineer will inspect the completed works, and based on a visual inspection, will provide an assessment of compliance with planning and building regulations.

• What is the difference between a Certificate of Compliance and an Opinion on Compliance?

  A Certificate of Compliance is normally provided when building works have been monitored through the course of construction by the engineer / architect involved in the project, while an Opinion on Compliance is a document prepared when a certificate for
  completed works is not available.

• Who usually needs to obtain an opinion on compliance?

  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.

• When is the opinion on compliance required?

  An opinion on compliance would be required where changes have been made to a property and no Certificate of Compliance is available to certify those works in either of the following circumstances:

  • The changes made do not require planning permission (Opinion on Compliance for Exempt Development).
  • The changes made do require planning permission (Opinion on Compliance with Planning Permission).

• Why do solicitors and banks require an opinion on compliance?

  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.

• What are the main types of Opinion that a solicitor will request?

  There are two main types of opinions on compliance: –

  1. An opinion on compliance with planning permission and building regulations. This is where plans have been drawn up and submitted and an application has been made for planning permission to a local planning authority.
  2. An opinion on compliance for an exempt development. This is where changes have been made to an existing building that did not require planning permission, for example changes to an attic or a rear extension.

• What information should an opinion on compliance with planning permission include?

  The opinion should include:

  • The property address and date of inspection.
  • Description of the developments the document relates to, for example an extension, glass house, garage conversion etc.
  • The engineer’s qualifications and details of PI insurance.
  • Details of sizes of the developments inspected.
  • Details of the planning files found at the local authority planning office.
  • The engineer’s opinion on substantial compliance with building regulations. If it is not compliant, it should detail which sections are not compliant.
  • Sections dealing with commencement notices, fire safety certs, limitation of the opinion where necessary. These will change according to the type of inspection carried out.
  • The signature of the certifying engineer.
  • Definitions of terms used.

• Do both opinions refer to building regulations?

  Yes, both opinions refer to building regulations, or building bye-laws, as appropriate.

• How long does it generally take to get an opinion on compliance for an exempt development?

  An opinion on compliance for an exempt development can be obtained quite quickly. The engineer will visit the property and produce his report within 4 working days of the inspection.

• How long does it generally take to get an opinion on compliance with planning permission?

  An opinion of compliance with planning permission will take longer as planning files have to be requested for inspection from the local authorities, which can take anything from days to weeks. The supply of this document is dependent on how quickly the local authorities make the files available to the engineer

• How is the Opinion on Compliance issued to me? Does my solicitor get a copy?

  The Opinion is sent as a PDF and issued to you by email. If you supply solicitor details, we will send a copy of the Opinion to your solicitor by email.

• Do charges differ for the two different Opinions on Compliance?

  Yes. An Opinion on Compliance for an exempt development is less costly than an Opinion with Planning Permission

• How much does an Opinion on Compliance cost?

  The cost depends upon the time involved in producing the Opinion and any other associated fees incurred. 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.

• What happens if the development has areas that aren’t compliant – is the Opinion on Compliance still issued?

  Yes, the opinion is still issued. However, a line may be added on to the document to say that it’s not compliant with, for example, planning in a particular area, or building regulations in a particular area.

  Depending on how significant or serious the non-compliance issue is will depend upon your solicitor’s treatment of the document. If the non-compliance is significant, a solicitor may not accept the document. If the problem is minor, the opinion will probably be accepted.

• Who can provide an opinion on compliance?

  An opinion on compliance should be provided by a qualified professional, such as an architect, surveyor, or engineer. These professionals should be covered under professional indemnity insurance.

• How do I get a quotation for an Opinion on Compliance for an exempt development?

  Getting a quotation from Property Health Check is very quick and easy, just fill in a short form and click “Get quote now”. The form is very easy to complete and prompts you to tick the conversions, extensions, alterations, or additions that you require to be included in the opinion. After clicking “Get quote now” the price is displayed on screen and a quotation is emailed to the client.

• Are your Opinions on Compliance accepted by Solicitors and Banks?

  Yes, our Opinions on Compliance are provided in a format approved by the Law Society of Ireland and accepted by Banks and mortgage companies.

• Is your company covered by Professional Indemnity Insurance?

  Yes, all Property Health Check work is covered by Professional Indemnity Insurance.

• Can my solicitor communicate directly with the engineer?

  Yes, we prefer to communicate directly with your solicitor as this helps avoid any confusion or misinterpretation of a solicitor’s queries or requirements about planning. The benefits of this to you and your solicitor are:

  • Professional responses that can be relied on and are backed up by relevant third-party liability insurance.
  • Communication between two professionals who properly understand what is required to avoid any ambiguities and miscommunications.
  • Time-efficient to support a well organised conveyancing process.

• Is a visit to the property required?

  Yes, the engineer must visit the property to certify that the works included in the opinion on compliance have been carried out.

• Who arranges access for the inspection?

  All access arrangements are organised by Property Health Check. If the person requiring the opinion has access to the property, we will organise access with them which will speed up the process. Otherwise, we will contact the agency or vendor directly. Sometimes this can take a little time as the contact person is not always immediately available, and dates and times must be confirmed before scheduling can be completed. Clients are emailed confirmation of the date when scheduling for the inspection is completed.

• Can you provide an Opinion on Compliance for a property that should have had planning permission but has no planning permission?

  We can provide an Opinion on Compliance. If no planning permission is in place this would be stated in the Opinion. It is recommended that any service booked be on the recommendation of your solicitor.

• We are having an extension built at the moment. Can you sign off that the extension meets building regulation standards?

  No. We provide an Opinion on Compliance service, which is a visual inspection of a completed development. If your development is still under construction, you should arrange for the architect / engineer involved to provide a Certificate of Compliance at the end of the
  project.

  If you do not have an architect / engineer involved in the project, and it is still under construction, we recommend that you engage a professional as soon as possible. A Certificate of Compliance can be provided by an engineer / architect who has supervised the
  construction of the development.

• I need an Opinion on Compliance to cover an exempt development and a development that needs planning permission. Can you include both in the one Opinion?

  Opinions on Compliance are produced in the format approved by the Law Society, and therefore, two separate documents would be produced to cover the relevant developments, i.e., an Opinion on Compliance for an Exempt Development and an Opinion on Compliance with Planning Permission.

  Each service will be charged for separately.

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