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)

 Client Obligations 

  1. Clients must understand and accept these terms and conditions, including limitations, to book this service.
  2. Clients must consult with their legal advisor to fully understand and accept the extent, limitations and exclusions of this service before exchanging contracts.
  3. 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.
  4. It is the client’s responsibility to follow up on items or issues highlighted in the report.

    5.  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.

    Data Protection

    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.

    Consumer Rights

    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.

    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

    In the event of a dispute, clients are required to contact us directly for resolution. Review our complaints policy here.

    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

    Acceptance of Terms

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

    Contact Information

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

    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: TCOpinionOnCompliance20250226V07.0