Local Government (Multi-Storey Buildings) Act, 1988
Under Section 2 (2) of the Act, the Local Authority is bound to serve notice on the owner of a multi-storey building which has been constructed before the commencement of the Act requiring the owner to furnish the Local Authority with a certificate in respect of the building in one of the forms appended to the Local Government (Multi-Storey Buildings) (Amendment) Regulations, 1990.
Under Section 4 (1) of the Act there is an obligation to furnish a certificate to the Local Authority in respect of a multi-storey building which has not been completed before the commencement of the Act and such certificate must be furnished before the building or any part of the building is occupied.
For some time after the passing of the Act (because the Local Authority had not had time to serve notices on owners) it was felt sufficient to merely obtain a certificate from a ‘competent person’ which could then be sent to the Local Authority once the Local Authority had served a notice pursuant to the Act.
However, it has come to the Committee’s attention that a number of such certificates have not been accepted by the Local Authority and have not therefore been recorded on the Register which the Local Authority is bound to maintain under the Local Government (Multi-Storey Buildings) Regulations, 1988.
Solicitors acting for purchasers or tenants are therefore advised that in all cases they should not just receive a copy of the certificate furnished or to be furnished to the Local Authority but also some evidence from the Local Authority that it has accepted and recorded the certificate on the Register established under the Act.