SELLING A PROPERTY
Selling a property can be a daunting process. We at Lonergan Consultancy can advise on all aspects of selling a property.
Certificates
Certificate/Opinion of Compliance (Planning Permission)
A Certificate of Compliance with Planning Permission is required for all new buildings including alterations, addition or extension to an existing property to confirm that all works have been carried out in accordance with planning permission. Opinions of Compliance with Planning Permission are provided following completion of the building works where the works have not been supervised by a Architect, Engineer or Surveyor or where a Certificate of Compliance with Planning Permission was not provided on completion of the works.
Certificate/Opinion of Compliance (Building Regulations)
A Certificate of Compliance with Building Regulations is required for all new buildings and for any alteration, addition or extension to an existing property to confirm that all works have been carried out in accordance with Building Regulations. Opinions of Compliance with Building Regulations are provided following completion of the building works where the works have not been supervised by a Architect, Engineer or Surveyor or where a Certificate of Compliance with Building Regulations was not provided on completion of the works.
Declaration of Identity For Property/Site Sale
A Declaration of Identity is a document which certifies a property with regard to the accuracy of the site boundaries, access to the property and the services used by the property. The declaration states that all the services used by the dwelling are located within the legally defined boundaries or are covered by a burden if they are located outside the legally defined boundaries. Services used by a property usually include a septic tank / effluent treatment system including percolation areas, rainwater soak-away, water supply, electrical supply, private wells etc. It also certifies that the boundaries marked on the ground correspond with the boundaries as identified on the relevant landholding maps. Access to a public road, right of way, wayleaves etc. are also addressed.
This Declaration of Identity is usually requested when a property is being sold or purchased to ensure that no issues arise in the future and is most commonly required for rural properties. If during the process of issues arise, We can help you to resolve them. Examples of issues that sometime arise include, no Right of Way between the site and the public road, no wayleave over services located outside the boundaries of the property or the boundaries on the ground do not correspond with the legal site boundaries.
Up to Date Processes
We constantly monitor the lates updates with regards to certifications and legal requirements.
Opinions of Exemption with Planning Permission
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law (Planning and Development Act, 2000 (as amended) and the Planning and Development Regulations 2001(as amended)).
The purpose of exemption is to avoid controls on developments of a minor nature, such as a small extension to a house. Reference must be made to the legislation to ensure that the development falls within the exemption thresholds/limits. If the particular development exceeds the thresholds/limits listed, the development requires permission. Prior to commencing works We can advise you if the development you are proposing complies with the exempted development legislation. We can apply for a Certificate of exemption for the Planning Authority. If you are selling your property and you have previously carried out works which you believe to be exempt we can inspect your property and provide you with a Opinions of Exemption with Planning Permission confirming same for the purchaser of the property.
Retention Planning Applications.
Generally speaking any work that requires planning permission but where there is no planning permission in place or where planning permission was granted but was not carried out in accordance with the plans lodged or conditions of the planning permission granted is classed as unauthorised developments. If you wish to regularise unauthorised development a retention planning application will need to be lodged with the local authority. Retention permission cannot be obtained within Special Areas of Conservation (SAC).
If you are selling a property that contains unauthorised development it may be necessary to obtain Retention permission prior to selling the property. Typical examples of unauthorised development relating to dwelling houses include construction of an extension to the front or side of a house, converting an attic space or construction of a garage with a floor area greater than permitted by the Exempted Development Regulations. We are very experienced in securing retention permission for all manner of unauthorised developments.
Building Energy Rating (BER)
A Building Energy Rating (BER) Certificate is an indication of the energy performance of a home. A BER certificate is accompanied by an Advisory Report which identifies how you might improve the energy performance of your home. BER is the calculated energy use for space, hot water heating, ventilation and lighting etc. based on standard occupancy. The label has a scale of A-G. A-rated homes are the most energy efficient and will tend to have the lowest energy bills.
We ensure that the building envelope of all our projects is specified in accordance with the Building Regulations Part L – Conservation of Fuel & Energy. We recommend that the client engages the services of an authorised BER Assessor in the early stages of design / construction to go through all the options available regarding the installation of renewable energy systems particularly hot water and heating requirements in order to meet the current Building Regulations. The BER Assessor can provide a preliminary Advisory Report, Part L – Specifications Report including DEAP calculations and a final BER certificate upon completion of the development.
Building Control Search
By law, if you are carrying out most types of construction works, you must notify your Building Control Authority between 14 and 28 days before construction commences. We can check with your Building Control Authority and obtain a copy of the commencement notice, fire certificate or disability access certificate and any associated documentation submitted for the property you are considering purchasing or selling.
Legal Mapping
We provide a qualified, experienced, professional and personal advice in a wide range of mapping / surveying services. We provide fully compliant Land Registry Title Maps, First Registration Maps, Rights of Way Maps and Wayleaves Maps that are fully compliant with the Property Registration Authority.
- Land Registry Compliant Title Maps
- First Registration Map / Boundary mapping
- Right of Way / Wayleave mapping
- Deed of Rectification Maps (to repair errors in Land Rgistry Maps)
- As-built development scheme maps
- Milti-Story Registration maps for Apartments or commercial developments
