What is an opinion on compliance?

How it works in Ireland

The certificate of compliance on completion is a statutory document that goes on a public register. An opinion on compliance is not. It is a professional report, written for a lender, a solicitor or an owner, that says the finished house appears to comply with its planning permission and the Building Regulations.

It matters most when a house has no registered certificate. A valid opt-out of statutory certification for a new single dwelling means there is no certifier, no inspection plan and no certificate on the register. The Building Regulations still apply, and one lender, for example, still requires professional reports and a final compliance certificate for an opted-out build. Check what your own offer requires before you opt out.

A good opinion is only as strong as the inspection behind it. A professional who first sees the house when it is finished can see little of the foundations, insulation or fire stopping, which are covered up. So appoint the person who will write the opinion before construction, agree the inspection stages and ask for photographs of concealed work.

A purchaser’s solicitor will ask the same question years later. Keep the opinion, the drawings, the planning permission and its conditions, and the energy rating certificate together.

A common mistake

Treating the opt-out as a way to avoid professional fees and then needing an opinion at the end. A late opinion from someone who did not inspect the work is expensive, may carry exclusions, and may not satisfy a lender. Decide the route with your lender and professionals before work starts.