Some property questions answered.
What's a certificate of compliance? We are in the middle of extending our house at the back to enlarge the kitchen and add a small sunroom to the diningroom. Work started on site last month and we are happy with the progress so far. A friend asked about the Certificate of Compliance (which we had never heard about before) and the builder said that we don't need one. Do we?
Basically a certificate of compliance is issued on completion of building work and it states whether the work has been carried out in accordance with both planning and building regulations. There is no universal certificate of compliance - a number of professions involved in the building industry can issue one including an engineer, a surveyor and an architect. Where you might need one is if and when you sell your house. The presence of such a certificate can smooth the conveyancing procedure.
The RIAI, the professional body representing architects, has an "Opinion of Compliance", a document which can be issued by its members and which is recognised by the Law Society. Armed with one of these, there should be no queries over planning issues at the time of a house sale. Did you get planning permission for your extension? Did it need it? If your house is in any way protected you would have needed planning permission for any alteration. But if not, an extension to the rear of the house which does not increase the original floor area of the house by more than 40sq m (430sq ft) and is not higher than the house does not normally require planning. A certificate of compliance has been called a "comfort blanket" and little more. One issued by an engineer at the behest of a builder - not the official one supplied by the Institute of Engineers of Ireland - seen by this column includes the expression "I am of the opinion that insofar as a visual inspection can reasonably disclose, the relevant development is in substantial compliance with the building regulation". Whether you find such cautious, self-protecting language comforting is up to you. It's doubtful that a surveyor looking at your property for a future purchaser would be too interested in such a document and would instead rely on their own professional inspection. Even if your builder is dismissive of the certificate of compliance, if it puts your mind at rest, you could bring an architect in at this point to inspect the work and to eventually issue a certificate - at a fee of course.
The cost of buying in Spain: I am budgeting for €150,000 for the purchase of an apartment/villa in Spain. Can you give me any idea of the sort of fees I might be expected to pay?
On the purchase of new properties, Spanish stamp duty will be payable at either 0.5 or 1 per cent of the purchase price, depending on the location of the property. For second-hand properties, property transfer tax at the rate of 6 or 7 per cent will apply, depending on the location of the property. In Spain, 7 per cent Vat is charged on the purchase price of new property only. You should also put aside 3 per cent of the purchase price to cover registration charges, legal fees etcetera. You don't say if you are buying the property for personal or investment purposes. If it is as an investment then you will also have to factor in fit-out charges, service charges etc.
Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or e-mail propertyquestions@irish-times.ie.
Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.
