I’m looking to sell my house that has been previously extended before I bought it. The extension was exempted. Do I need a certificate of compliance?
The interesting aspect of this question is whether or not the query arose at the time you purchased the property. In any event, the fact is that you are selling a property with an extension for which planning permission was not obtained. As a general rule, properties built before 1963 did not require planning permission and most developments since then did. There are certain rules surrounding exempt development, and generally house extensions of less than 40sq m built to the rear of the existing house can be termed exempt development where planning permission is not required, but a certificate of exemption is. In addition to planning permission, any development will also generally need to be compliant with building regulations.
A certificate of compliance is a certificate issued by a properly qualified building surveyor or similar confirming that the property is built in accordance with any planning permission granted. If there are differences between the property and the planning, the surveyor will need to confirm that these differences are indeed exempt development and the certificate will be qualified to cover this.
It really is best practice to obtain planning permission for all alterations whether or not they may be exempt – this ensures that your property is fully compliant with all aspects of planning, including building regulations, and will avoid any last-minute hitches. I have frequently come across scenarios where extensions were carried out with the property owner genuinely of the understanding that the extension was indeed exempt only to find out at the last minute that it was not, and causing significant delays for all parties to the transaction.
My advice would be to immediately have the property inspected by a qualified building surveyor, or similar, with an instruction to him to issue a certificate of compliance. This will very quickly establish the necessity for any planning application for retention that may be required.
Edward Carey is a chartered residential agency surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie
