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: 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: Register No.: Order No.: Planning Control No.: relates to inter-alia sites (both inclusive) as detailed on the said estate layout plan. Register Reference No.: Planning Control No.: Dated:

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.

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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.

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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.

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SUPPLY OF MAPS Solicitors ought to note that it rests on vendors to supply maps in a transfer of land. 189