Did they REALLY fix S.I.80?
Concerns were expressed from many sides after the publication of S.I.80 in early 2013. A long period of consultations followed and several legal opinions were published. The professional bodies and the CIF worked hard to find a workable alternative.
By the time that S.I.9 (the revised regulations) came out in January of this year many people felt that the delay had been worthwhile and that S.I.80 was “fixed”. The Certificates had been re-worded to include shared liability between the Certifiers and Ancillary Certifiers and only ‘outline compliance’ was required with the Commencement Notice.
It now looks like both of these assumptions were wrong. The Law Society Practice Note to all solicitors says that the Assigned Certificate only will be used for conveying property. This means that the buyer will only have the Completion Certificate and none of the supporting documents or Ancillary Certs. It’s back to single point responsibility.
On the second issue, both the RIAI (pdf link RIAI design certifier role and approach (May 16)) and the GCCC guide (link) are saying that all of the information to certify the design must be recorded with the Commencement Notice. …So we are back to Square One….with all the problems of S.I.80.
A way forward? click on: “Collins & O Cofaigh- A BETTER way: BC(A)R SI.9 Solutions”
Other posts on legal aspects:
Assigned Certifiers facing jail? BC(A)R SI.9 – click link here
Alarming Legal opinion: BC(A)R SI.9 – click link here
Difficult Senior Council Opinions: BC(A)R SI.9 – click link here
Senior Council advice on BC(A)R SI.9 – click link here
Law Society of Ireland Update on BC(A)R SI.9 – click link here
New Law Society Guidance Note on BC(A)R SI.9 – click link here
BC(A)R SI.9 and Law Society of Ireland? – click link here
Legal perspective: consumer benefit? BC(A)R SI.9 – click link here
“extraordinarily loose and vague”: Legal Implications of BC(A)R SI.9 – click link here
Links Firms advice on BC(A)R SI.9 (click on title for PDF):