Certificates of Title in relation to houses in the course of construction
Conveyancing
01/11/1990
A solicitor who is giving a Certificate of Title undertakes to furnish an Engineer鈥檚 or Architect鈥檚 Declaration that the property in question has been erected in accordance with the Planning Permission granted.
In the case of a house in the course of construction a solicitor cannot undertake this and where the lending institution is paying out the loan by instalments the solicitor鈥檚 Undertaking to the lending institution should be amended accordingly.
If the undertaking to the lending institution is not amended and if a practitioner pays out a loan cheque or any instalment of a loan to his client before the house is completed he is at risk if there is a failure by his client to comply with the planning permission granted.