Property Certificates

	Related Publication(s):
	Property Certificate Application Form (PDF)
	Property Certificate Application Form (Word)

At the conveyancing stage of property, Solicitors generally apply to the District Council for a search known as a Property Certificate.  This search is of the Council’s records in respect of the property so as to be aware of any known outstanding breaches of the legislation for which the Council has responsibility.

The postal number and street name where relevant is also confirmed on the search.

MAKING AN APPLICATION

The property certificate will usually be requested by the solicitor acting on behalf of the owner of the property. The owner or purchaser can also apply. An application form together with a location map must be submitted in triplicate together with the appropriate fee as detailed below.

The location of the property must be clearly outlined in red on the location map and Townland indicated.

April 2013 - You can now make Online applications. Click here to make an application

FEES PAYABLE

INFORMATION FOR APPLICANTS

1. Interpretation

1.1  For the purposes of this document:-

 * “the Applicant” means the person applying for the Property Certificate and who has signed the application.
 * “the Application” means the application hereby made for the Property Certificate
 * “the Certificate Period” means the period specified by the Applicant in the Application.
 * “the Council” means the Council issuing the Property Certificate.
 * “the Property” means the property identified by the Applicant for the purposes of the Property Certificate.
 * “the Property Certificate” means the completed set of replies by the Council to the questions set out in the questionnaire annexed hereto.

1.2  The expression “contemplated” in the context of the replies to questions set out in the Property Certificate means proposed or actively considered by the Council or its senior officers to whom the relevant functions have been delegated.

2. Certificate Period

2.1  The Property Certificate is issued by the Council in respect of the Certificate Period.

2.2  The Certificate Period shall be counted in calendar years going back from 1st January last preceding the date of the Application.

2.3  Where a search back to 1973 has been carried out, the Certificate Period shall count from 1st October 1973 to the date of the Application

3. Fees

3.1  The Application must be signed or otherwise authenticated by the Applicant and submitted together with the appropriate fee.

3.2  Fees are set out in the following Table.

4.1  The Application must be accompanied by a site location plan of the Property, with relevant boundaries clearly defined.

4.2  The plan must be to scale 1:2500 Irish Grid or County series. For urban areas a scale of 1:1250 should be used where available. For large tracts of land, a scale of 6”: 1 statute mile County series or 1:10,000 Irish Grid is sufficient provided buildings thereon are identified to scale 1:2500.

4.3  Plans should clearly show the North point.

5. Accuracy of Information etc.

5.1  While the information given in the Property Certificate is accurate to the best of knowledge of the Council’s officers dealing with the enquiries raised, nevertheless the Applicant should note:-

5.1.1.  No inspection of the Premises has been carried out for the purpose of completing the Property Certificate;

5.1.2  The information is given on the basis of a desktop search by reference to the Council’s records in relation to the Property;

5.1.3   Whilst the Council endeavors to ensure that its records are accurate, no warranty can be given in relation thereto, particularly in relation to older records; 

5.1.5  The Applicant is advised to make his own enquiries and to ensure that the Property is properly surveyed by an appropriately qualified person.

5.1.4.  While due care is taken to ensure the accuracy of the information given in the Property
Certificate, neither the Council nor its officers can accept any liability for inaccuracies,
mis-statements, or errors therein.

5.1.6   The information given in the Property Certificate is intended to be solely in the context of matters relevant (adversely or otherwise) to the Property, and not to any personal interest or
attribute of any individual who may have or have had a connection with the Property.

5.2  The Property Certificate is issued by the Council as a non-statutory public service.

5.3  The officers completing the Property Certificate have no authority to bind the Council as to future actions.

6. Follow up Enquiries

Where the Property Certificate contains a reply adverse to the Property, subject to a matter which is subsequently resolved, any follow up Certificate will attract a reduced fee (see 3.2).

7. Clarification of Specific Terms Used in Replies to Questions.

In the Property Certificate the following terms shall have the meanings specified:

Notice of No Effect - the Building Regulation application has been declared invalid.

Pending - an application for the purposes of Building Regulations has been lodged with the Council but has not yet been processed. 

Not Complete - construction works for the purposes of Building Regulations have not yet been completed.

Property Certificate applications should be sent to:

The Building Control Department
Townhall
2 Townhall Street
Enniskillen
BT74 7BA

Further information is available from the above Department see CONTACT US.