Terms and Conditions for a Planning Review

To understand what is included and not included in your report it is essential and recommended that the following terms and conditions are read in full. By booking our services you are agreeing to these terms.

Contents

1. Service Provision overview
2. Limitations of Planning Review service
3. Price and payment
4. Additional Associated Services
5. Report issue
6. Liability, confidentiality, and ownership
7. Termination

1. Service Provision Overview

1. Property Research

a. The property research will be carried out in advance of a site visit.
b. The planning research for the specified property to include the following as relevant: –

• Final grant(s) of planning permission
• Planning drawings
• Enforcement Notice
• Commencement Notice
• Compulsory Purchase Order

2. Property Visit

a. A visit to the property is required for this service to enable the engineer to compare the actual property with the reviewed plans and documents.
b. Relevant observations on the comparison will be included in the report.

3. Planning Review Report

a. A report is provided which covers the following: –

• The results of the planning research of the property
• How the planning documentation found applies to the property
• Answers to specific queries submitted at the time of booking about the property’s planning status.

2. Limitations of Planning Review Service

1. Up to 3 planning permissions are included in the service for the quoted fixed fee. Should additional planning permissions exist for the property additional fees will be charged for each planning permission.
2. The Local Planning Authority supply the information or documentation that is used to provide a Planning Review report. The required files/records at Local Authorities may be incomplete, documents may have been misfiled, removed, altered or be unavailable. Different planning authorities in Ireland also have different methods of keeping and presenting records; therefore, we do not warrant the accuracy or completeness of the information or data. Our planning search is limited to the files available from the Local Authority (online or at the planning office) on the date of inspection, or other files provided by your solicitor.
3. Fees charged by a Local Planning Office and other third parties are not included in the quotation. If fees are incurred, they will be charged to you directly and added to the service quotation fee. Any additional fees will be shown separately on your final invoice as third-party fees.
4. The Planning Review does not include the writing or re-writing of certificates on compliance.
5. When a planning permission refers to an entire multi-unit or apartment block complex or a housing estate, the detailed planning search will be restricted to the individual unit only and not the entire development.
6. One property visit is included in this service to provide a visual walkthrough to check for compliance with planning permission. It is not a structural survey.
7. It is important to be aware that the Planning Review can reveal issues that need further investigation and would require you, or your solicitor, to commission other inspections or reports.
8. Photos in the report are solely provided to enable a client to better understand what is being referred to e.g., planning files found during planning research.
9. If the engineer makes a comment in the report on areas not covered under the terms and conditions, it is provided for limited information purposes only and should not, under any circumstances, be deemed conclusive.
10. It is important that you request your solicitor to communicate with us directly. This helps to avoid any confusion or misinterpretation of the solicitor’s requirements.

3. Price and Payment

1. Quotations are provided in writing and are valid for thirty days from the date of issue. The quotation includes VAT at the current standard rate.
2. Should more than 3 planning permissions exist for a property, an additional fee shall be charged per planning permission.
3. Payment can be made by credit card, debit card, and Electronic Funds Transfer (EFT). Payment is taken at the time of booking.
4. Payment of the quoted fee is taken at the time of booking.
5. EFT payments must be received in full before work commences.
6. Payment of any notified additional local authority fees will be taken as a second separate payment.
7. If any other services are recommended following the search, they will be quoted for separately, and will be charged separately.

4. Additional Associated Services

1. If required, certificates on compliance can be provided for an additional fee dependent upon what is discovered during the site visit for the Planning Review service.

5. Report Issue

1. The length of time report issue will take varies depending on file availability at the Local Authority Office. Some files may have to be ordered from archives which can take up to 2 weeks before they are available for viewing.
2. Reports are issued to you and/or your solicitor by email in PDF format.

6. Liability, Confidentiality, and Ownership

1. Liability is limited to a maximum amount equal to the fee paid for the survey.
2. Ownership of the report passes to the client upon receipt by Property Health Check Limited of full payment.
3. The report is issued to the person to whom it is addressed for theirs and their legal advisers use and is not intended or authorized to be used by a third party, without our prior written consent.
4. If a third party chooses to use this inspection report, they do so without Property Health Check Limited’s permission or authorisation, and they do so at their own risk. No communications will be entered into with any third party re the report, without the prior consent of the client.

7. Termination

1. Upon payment, research of the property may begin immediately.
2. Cancellation and refunds will only be actioned at the discretion of Property Health Check Limited.

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