Retention Permission: Dwelling houses
Certificate of compliance?
The Law Society published a practice note about the need for certificates of compliance relating to retention permissions in the November 1997 issue of the Gazette. This practice note was intended to apply only to private houses. The committee takes the view that it is reasonable for a solicitor for a purchaser to ask for confirmation by way of letter of opinion by a suitably qualified person that the drawings submitted for the retention application correctly showed the actual structure for which permission to retain was applied for. If there are conditions to the grant of permission to retain, the certifier should go on to deal with these in the usual way.
No certificate of compliance should be required where the permission related only to the retention of a (changed) use, where no conditions were attached.
The committee was asked to consider whether it was reasonable to accept a title in a case where permission to retain an extension to a dwellinghouse was obtained more than ten years ago and no certificate of compliance is available. The committee takes the view that, in light of the provisions of the 1992 act, it is reasonable for the solicitor not to require a certificate of compliance in such a case unless there is an evident problem.
When acting for a vendor in such a case, a solicitor preparing a contract should put in a special condition putting the purchaser on notice of the position and providing that no requisition or objection shall be made due to the lack of certificate. In that way, before signing a contract, a purchaser has an opportunity of getting advice in the matter, and, if necessary, to get advice from an experienced architect or engineer.