Certificate of Compliance with Planning

Certificate of Compliance with Planning

Postby sunshine boy » Mon Sep 08, 2008 4:00 pm

Hi,

I bought an apartment back in 2006 and I have now being asked to close the contract. There are 4 blocks of apartments in the development all under the one planning permission.

Only 2 blocks are completed, none of the open space and courtyard is complete.

Am i entitled to ask for a Certificate of compliance from the developer and if so can one be issued and signed off if the development is clearly not finished and therefore not in compliance with the planning permission.

Thanks
sunshine boy
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Re: Certificate of Compliance with Planning

Postby henno » Tue Sep 09, 2008 9:13 am

good question, and one that will probably become more common place in years to come.
First piece of advice... check with a good solicitor... a cert of compliance is a legal document therefore therefore engage a legal expert for questions relating to it.
secondly, i assume you bought off the plans??? have you being paying for the apartment in different stages?? if so each different stage needs to be certified to be in compliance with planning permisison and building regs... did this happen?

thirdy, who is putting you under pressure to close the contrat?? the developer?? i certainly wouldnt be closing until (at least a portion of) open spaces and car parking is complete.
henno
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Re: Certificate of Compliance with Planning

Postby sunshine boy » Tue Sep 09, 2008 9:43 am

I bought off the plans in 06 and paid a deposit back then. I have tried to walk away from the contract but i was informed that i would be sued. After a lot letters between my solicitor and the developer i decided to change solicitors as the one i had signing the contract was poor as she like so many other solicitors just thought it would be an easy conveyancing contract and never put in any terms into the contract that would protect me.

I have been asked to snag the property but i have been holding off. The new solictior i have engaged seems quite good but unfortunately i don't think she knows whether i can stall on this issue and she doesn't think i am entitled to hold off signing on one unit due to the imcompletion of the development.She has advised me to renegotiate with the developer. She is due to write a letter of my behalf looking for the certificate of compliance with planning permission but i dont know am i entitled to it?

Why should one have to pay for an unfinished product.
sunshine boy
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Re: Certificate of Compliance with Planning

Postby henno » Tue Sep 09, 2008 10:40 am

I can fully empathise.
As part of the contract is there a car parking space included?? is this area finished?
will you be able to travel from your door to your car, or out of the development onto a public road without crossing a marked building site??? if not then health and safety regulations kick in big time. This situation cannot arise. You need to be able to safely traverse from the entrace to your door without having to enter a building site.

I dont know what options you have regarding open spaces??

are you sure the development was granted without phasing? because if there phasing, the developer is within his/her rights to just complete one phase befor emoving on to the next, ... but if there was no phasing then 'practical completion' doesnt actually existing until the whole development is complete.

you solicitor should ring around to see if this situation has occured anywhere else, as i stated above this is becoming more and more common...
henno
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