The Gazette 1978

GAZETTE

SEPTEMBER 1978,

CONVEYANCING NOTES

ARCHITECTS' CERTIFICATES OF COMPLIANCE

Difficulties have arisen in recent years between

Architects acting for Developers particularly of housing

estates in Dublin and Cork in relation to the type of

Certificate requested by Solicitors, particularly Solicitors

for lending institutions as to compliance with the

conditions (other than for payment of financial

contributions) contained in the Planning Permission.

It is clear that the tendency was to seek ever more

detailed Certificates from the Architects and this

development placed the Architects in considerable

difficulty. The main difficulty is that the Royal Institute of

Architects of Ireland has a rule that Architects ought not

to give Certificates as to compliance with conditions with

Planning Permissions and Bye Laws approval where they

have not been employed to supervise the construction of

the houses. In most housing estates, there is no question

of Architects being employed by builders to supervise the

day to day construction. The best that could be hoped for

is that the Architect would carry out an inspection of the

property after completion and give such modified form of

Certificate as was propr proper following such inspection.

Discussions took place between representatives of the

Society and of the Institute of Architects. The Society

then sought advice from E. M. Walsh, S.C., in general

and in particular, to settle a form of Certificate that a

reasonable Solicitor for a Purchaser and lending

institution should accept. This was duly done and the text

of the Certificate which has been agreed with the Royal

Institute of Architects of Ireland is set out hereunder. This

Certificate is also acceptable to the Solicitors for all of the

main lending institutions. The Conveyancing Committee

of the Law Society is satisfied that this Certificate is a

reasonable one for a Solicitor for a purchaser or a lending

institution to accept.

The Royal Institute of the Architects of Ireland

Certificate of Compliance

I am the Architect retained by:

AND I CERTIFY THAT

1. I visited the office of the Planning Authority and there

inspected the house plans, estate layout plan,

specification and other drawings and documents

which were represented by the Planning Authority as

those on foot of which the permission/approval

mentioned at paragraph 2 & 3 hereunder were

granted.

2. The notification of Grant of Permission/Approval

Decision Order No. and Date:

Planning Control No.:

Dated:

relates to the erection of houses on inter-alia sites;

(both inclusive) as detailed on the said estate layout

plan.

3. The Building Bye-Laws Approval Notice:

Order No.:

Planning Control No.:

relates to inter-alia sites (both inclusive) as detailed on

the said estate layout plan.

I FURTHER CERTIFY that I Have inspected the house

that has been built on site

and that, in my opinion,

this house has been erected in substantial compliance with

the Notification of Grant of Permission mentioned at

paragraph 2 above and the Building Bye-Laws Approval

Notice mentioned at paragraph 3 above, and that the

position of the house and site is in substantial compliance

with the estate layout plan mentioned at paragraph 1

above in so far as the estate has been completed.

I am of the opinion also that, if the house and site have

not been built and/or laid out exactly in accordance with

the Planning Permission and Bye-Law approval, the

differences are unlikely to affect the planning and

development of the area as envisaged by the Planning

Authority, and expressed through the above-mentioned

approvals.

It should be noted that I did not supervise the erection

of this house in the course of its construction. Thus the

inspection was a superficial one only, and could take no

account of work covered up. The comparison of the site

layout with the estate layout plan was visual only.

& *

Family Home Protection Act, 1976:

The Conveyancing Committee is unanimouslv of the

opinion that no fee should be charged by vendors for the

furnishing of a declaration that the premises in question

are not a Family Home under the provisions of the

Family Home Protection Act, 1976.

^ *

FEE FARM GRANTS

A Fee Farm Grant of land made after the 16th of May,

1978 may be void by reason of Section 2 (1) of the

Landlord and Tenant Ground Rents Act 1977. This

subsection affects Leases made after the 16th of May,

1978 (being the date of the operation of the Act), if the

Lessee would have had the right to acquire the Fee Simple

under Section 3 of the 1967 Landlord and Tenant

Ground Rents Act. Section 3 of the 1967 Act gives the

Lessees under Building or Proprietory Leases the right to

acquire the fee simple. Building or Proprietory Leases are

defined by the Landlord and Tenant Reversionary Leases,

Act, 1958 which by Section 2 defines a Lease as

including inter alia a Fee Farm Grant. A Fee Farm Grant

is accordingly capable of being a Building or Proprietory

Lease and if such may come within the provisions of

Section 2 (1) of the 1977 Act.

* *

SUPPLY OF MAPS

Solicitors ought to note that it rests on vendors to

supply maps in a transfer of land.

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