Architects’ Certificates of Opinion on compliance: reliance on confirmations from other professionals
The Royal Institute of Architects of Ireland (RIAI) Form 1 is an architect’s Opinion on Compliance with Building Regulations for use where a professional architectural service has been provided at the design and construction stage of the relevant building works.
This form envisages the architect giving an overall certification of compliance, but relying very much on having got confirmations from other professionals such as structural engineers, fire engineers, mechanical and electrical engineers etc. in relation to the elements of the relevant building or works which those persons designed. The Opinion relies solely on these confirmations in respect of such elements.
The Conveyancing Committee has received many queries as to whether solicitors should get copies of these confirmations and whether it is essential that the confirmations are in writing. Many of the confirmations such as those used by the structural engineers and mechanical and electrical engineers are on a standard form prepared by the Association of Consulting Engineers of Ireland. These contain certain important limitations. It is not possible for a purchaser’s solicitor to advise their client properly without sight of these confirmations, particularly if there are extra exclusions or limitations to be considered.
The Committee is aware that certain architects and solicitors are refusing to furnish copies of the confirmations in the mistaken belief that this is the correct practice.
The Committee is unanimously of the view that it is in the interests of both the architects, the engineers who furnish the confirmations and of the solicitors that copies of the confirmations be obtained, kept with the Opinion and furnished to purchaser’s solicitor.
Apartment developments
The content and format of an architect’s Opinion on Compliance of an apartment dwelling with Building Regulations (where a full professional service has not been provided) has been agreed following prolonged discussions between representatives of the RIAI and the Law Society. The outcome of these discussions has been embodied in RIAI Form 1A (March 1997 issue) which is already in circulation. This, like RIAI Form 1 (above) relies on confirmations from other disciplines and providers, and it is vital that all such confirmations be furnished and retained with the Form 1A, the above recommendations being at last equally applicable thereto as to Form 1.
The RIAI has confirmed that it agrees with the foregoing advices.