ARCHITECT'S OPINION ON COMPLIANCE WITH BUILDING REGULATIONS

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1 '. \ ' ARCHITECT'S OPINION ON COMPLIANCE WITH BUILDING REGULATIONS (FORM FOR USE WHERE A PROFESSIONAL ARCHITECTURAL SERVICE HAS BEEN PROVIDED AT THE DESIGN AND CONSTRUCTION STAGE OF THE RELEVANT BUILDING OR WORKS) FORM 1 GS C This document is copyright and is for signature by registered RIAI members only November, 2004 ON-LINE EDITION Published by The Royal Institute of the Architects of Ireland m agreement wflh the LBw Society for use in appropriate circumstances.

2 I ARCHITECrS OPINION ON COMPLIANCE WITH BUILDING REGULATIONS FORM1 November, 2004 ON-LINE EDITION [Form for use where a professional architectural servtce has been provtded at the desjgn and constf11ctton stages of the Relevant Bwldmg or Works/ 1. I am a Registered Member of The Royal Institute of the Architects of Ireland, this being a qualification listed in Directive 85/384/EEC of the European Community, retained by McMenamin Bros. Ltd. (hereinafter call Id "the Employer'') of Dreenan, Ballybofey, Co Donegal to furnish an Opmion on the compliance with Building Regulations of Dwelling on Site No.1 Millfield, Buncrana, Co Donegal [hereinafter called "the Relevant Building or Works" ]. This opmion 1s issued solely for the purpose of providing evidence for title purposes of the compliance of the Relevant Building or Work& with the requirements of the Building Control Act. Except insofar as it relates to such compliance it is not a report on the condition or structure of the Relevant Building or Works. 2. I have provided architectural services in the matter of the architectural des1gn of the Relevant Building or Work& Design Services and periodic site inspections during construction 3. DESIGN [b) I am of the opinion that the Design of the Relevant Building or Works is in Substantial Compliance with the Building Regulations. I have received Confinnations from those detailed at Schedule A hereto, stating that elements of the Relevant Building or Works which they designed have been designed in Substantial Compliance with the Building Regulations. This Opinion relies solely on those Confirmations in respect of such elements. 4. FIRE SAFETY [b) I am of the opinion that the Relevant Building or Works is exempt from any requirement for the making of an application for a Fire Safety Certificate by virtue of its being a building which is proposed to be used as a dwelling (other than a flat). 5. COMMENCEMENT [a) The Commencement Notice, detailed at Schedule "C" hereto relates to the Relevant Building or Works and was served as required under the tenns of the Building Control Ad on 14th May GS.12110> C Page1

3 .. 6. INSPECTION On 11th November 2004 ("the Inspection Date") I carried out an Inspection of the Relevant Build ng or Works for the purposes of (a) companng such With its Design and (b) establishing 1ts substantial compliance w1th the Building Regulations. 7. CONSTRUCTION lt is the responsibility of those concerned w1th the construction of the Relevant Building or Works to ensure the compliance of such with the Building Regulations. I am of th.' opinion that [b] the Construction of the Relevant Building or Works is in Substantial Compliance with the Building Regulations. I have received Confirmations from those detailed at Schedule A hereto, that the Relevant Building or Works has been constructed in Substantial Compliance with the Building Regulations. This Opinion relies on Visual Inspection and on those Confirmations. DEFINITIONS "Building Control Act" means the Building Control Act and any statutory mod1ficat1on or re-enactment thereof current at the date of the Commencement Notice referred to at Schedule C hereto. "Building", "Works", "Constructions" and "Design" have the meanings respectively assigned by the Building Control Act "Building Regulations" means regulations made under the Building Control Act. "Confinnations" means statements received from the persons detailed at Schedule A hereto, confirming substantial compliance of elements of the Relevant Building or Works with Building Regulations. "Substantial Compliance" when applied to Design means that the Design of the Relevant Building or Works, is in accordance with the Building Regulations, saving and excepting such deviations as would not in my opimon warrant the issue of enforcement proceedings as provided for in the Building Control Act. "Substantial Compliance" when applied to Construction means that such Construction of the Relevant Building or Works, as is evident by Visual Inspection, IS m accordance with the Building Regulations. sav1ng and except1ng such deviations as would not in my opinton warrant the issue of enforcement proceedings as prov1ded for 1n the Building Control Act. ''Visual Inspection" means [a] ~i] Periodic inspections carried out by the architect during the construction stage, being part of the services described at 2 above. [note: frequent or constant inspection is not part of Standard Services]. and (b] the Inspection of the Relevant Building or Works as existed on the Inspection Date. For the purposes of the Inspection no opening up was carried out. The inspection was therefore superficial only and took no account of works covered up, Inaccessible or otherwise obscured from view. GS C Page2

4 SCHEDULE A: CONFIRMATIONS Contracto McMenamin Bros.ltd. Dreenan, Ballybofey, Co Donegal Element Construction Works ConsultanVSpecialist. J.C Wamock 24 Clarendon Street, Derry BT 48 7ET Qualification/profession: Consulting Engineers ConsultanVSpeciallst Qualification/profession: ConsultanVSpectalist Of; Qualification/profession. ConsultanVSpecialist Of; Quahficatton/profession ConsultanVSpecialist: Qualification/profession GS C Page3

5 SCHEDULE 8: FIRE SAFETY CERTIFICATES Building Control Authority: Reference number: Date of issue: Decision Order number: Date: SCHEDULE C: COMMENCEMENT NOTICES Building Control Authority: Date of lodgement: Reference number, 1f available: Donegal County Council 14th May /6865 THIS OPINION DOES NOT IN ANY WAY WARRANT REPRESENT OR TAKE INTO ACCOUNT: Construction carried out or changes made to the Relevant Building or Works after the Inspection Date. RI AI MEMBERSHIP STAMP Date of Issue: 12th November 2004 Signed ~ < I 1 f\/\1z1aj Registered Member of The Royal Institute of the Architects of Ireland This document is copyright and is for signature by Registered RIAI Members only. The RIAI is aware that persons are using the affix "MRIAIH who are not members and who are not eligible to be members. Verification of membership can be obtained from the RIAI or by means of a current RIAI Membership stamp. The Royal Institute Of The Architects Of Ireland RIAI, 8 Mernon Square, Dublin 2. Phone: , Fax: , a-mail: lnfo@riai.ie, The RIAI is the representative body for professionally qualified architects in Ireland and is a member of the Architects Council of Europe and the International Union of Architects. GS C 2003 Ed1t10r1, ReviSK>n 1 Page4

The Conveyancing Committee has been working for a considerable period on the

/ The Conveyancing Committee has been working for a considerable period on the preparation of new forms of Certificates of Compliance to replace the form of certificate of compliance with Planning and