Terms and Conditions for Certificate/Declaration of Identity

It is essential that the limitations and terms of service are understood and agreed before engaging our services. Booking our services presumes your agreement to these terms.

Contents

Certificate of Identity
Declaration of Identity
Client Obligations
Limitations of Service
Price and payment
Report Issue
Data Protection
Consumer Rights
Liability, confidentiality, and ownership
Complaints policy
Acceptance of Terms
Contact Information
Termination

1. Certificate of Identity

a) A Certificate of Identity is a report certifying that the boundaries noted at a property match those on the map used for comparison.

b) The preparation of a Certificate of Identity includes the following: –
a. A visual inspection of the boundaries of the property.
b. A visual inspection of any encroachment/oversailing along with any easements/rights of way/wayleaves.
c. A visual assessment of the services contained within the property boundary.
d. Access to the property from a public/private road is considered.
e. One site visit is included in the service.

c) A Certificate of Identity may be provided for a single or multi-unit property.
d) A Certificate/Declaration for a property in a multi-unit development certifies the boundary for the specified unit only. Property Health Check Ltd. may not know the legal status of areas ancillary to an apartment/ duplex and may include the following as relevant, based on the visual inspection: –
a. Balcony
b. Garden/patio

2. Declaration of Identity

a) A Declaration of Identity is prepared as per the Certificate of Identity above. The final document is declared and signed by the Property Health Check Ltd. engineer before a Commissioner for Oaths/Practising Solicitor.

3. Client Obligations

a) Clients must understand and accept these terms and conditions, including limitations, to book this service.
b) Clients must consult with their legal advisor to fully understand and accept the extent, limitations and exclusions of this service before exchanging contracts.
c) Clients must read and understand the report. Any queries relating to the report must be raised with the Engineer and before signing legally binding contracts.
d) It is the client’s responsibility to follow up on items or issues highlighted in the report.

4. Limitations of Service

a) The Certificate/Declaration is not a building survey report and does not consider or report on the condition of the boundaries or services, nor is it a title check into the ownership of the property.
b) If no map is provided before the scheduled inspection the engineer will use the information available on Land Direct for the relevant address, or in the case of a multi-unit development, an indicative plan will be created based on the layout of the inspected unit. We do not purchase maps as part of this service.
c) If the land registry compliant map is made available after the inspection has been completed, we will compare it to the map used at the time of the inspection and provide advice on same.
d) Indicative plans for multi-unit developments are not to scale, are not to Land Registry requirements, and should not be used for Land Registry purposes.
e) Parking space and/or storage area will only be included if specified at the time of booking.
f) Areas that are underground, covered over, inaccessible or obscured from view are not inspected.
g) Measurements of a site are not included.
h) Matters in respect of private rights and obligations are not checked.
i) Development of the property which may occur after the date of issue of this Certificate/Declaration.

5. Price and Payment

a) Valid numbered quotations are provided in writing only and are valid for thirty days from the date of issue. The quotation includes VAT at the current rate.
b) Payment can be made by credit card, debit card, and Electronic Funds Transfer (EFT).
c) Payment is taken at the time of booking.

6. Report Issue

a) Certificates of Identity are issued by email. The email will contain a link to a secure site, where the certificate can be viewed and downloaded.
b) Certificates of Identity are issued to the client. They are also sent to the solicitor, where solicitor details have been provided.
c) Hard copy reports, for Declarations of Identity, are issued in black and white. The hard copy will be posted, using normal post, to the person and address nominated by you at the time of booking.
d) A scanned copy of any hard copy Declaration produced is issued by email.
e) PDF/emailed Certificates/Declarations are provided in colour.

7. Data Protection

a) We adhere to GDPR and other relevant data protection laws. Personal data collected will be used solely for the purpose of the inspection and will not be shared without client consent, except as required by law. Data will be stored securely and disposed of responsibly when no longer needed.

8. Consumer Rights

a) Clients retain all statutory rights as prescribed under consumer protection laws and the Consumer Rights Act 2022, however, clients are required to consult with their legal advisor to fully understand and accept the extent, limitations and exclusions of this service before exchanging contracts.

9. Liability, Confidentiality, and Ownership

a) Ownership of the Certificate/Declaration passes to the client upon receipt by Property Health Check Limited of full payment.
b) The Certificate/Declaration is issued to the person to whom it is addressed for their and their legal adviser’s use.

10. Complaints Policy

a) In the event of a dispute, clients are required to contact us directly for resolution. Review our complaints policy here.
b) To get in touch please contact our Customer Care team using one of the following methods: –

- Online complaint form

- Call 0818 787839

- Email: info@propertyhealthcheck.ie

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

11. Acceptance of Terms

a) By booking and paying for this service, clients acknowledge and agree to be bound by these terms and conditions.

12. Contact Information

a) For any queries regarding these terms please contact us at info@propertyhealthcheck.ie or 0818 787 839.

13. Termination

a) The Client may terminate an Agreement but must give a minimum of two working days’ notice.
b) If a cancellation or a postponement takes place within two working days of the inspection, then 25% of the quotation total fee will be charged.