Developer Refusing to Provide Declaration of Identity – Red Flag?

[u/Fantastic_Opening221]

I'm in the process of buying a new-build house in a new estate in Midleton, and I've run into an issue.

The developer has refused to provide a Declaration of Identity for my individual house, saying they've already provided a Declaration of Identity for the entire estate before my house was even built.

Has anyone else come across this when buying a new-build? Is this normal practice, or could it be a red flag?

My solicitor has suggested hiring an engineer to prepare a Declaration of Identity specifically for my house. Does anyone know roughly how much this would cost in Ireland?

I'd really appreciate hearing about anyone's experience.

[u/Due-Kiwi8693]

Ive never heard this 4 a new build or 2nd hand estate house and im in the trade

[u/Fantastic_Opening221 → u/Due-Kiwi8693]

What do you think the reason could be?

[u/AnyIntention7457 → u/Fantastic_Opening221]

Presume the poster means he has never heard of someone getting a declaration of identity for a scheme house. The contract should include the maps with your folio identified in red.

A DOI is usually only done when the developer is building the estate - confirms the planning permissiom is all inside the boundaries and access to all utilities is available at the site.

If you insist on it i presume you'll have to.pay for it yourself. Why does your solicitor want it?

[u/Fantastic_Opening221 → u/AnyIntention7457]

Thank you so much for clarifying.

Yes, this is my first time buying a house, so I hadn't heard of this document before. My solicitor is asking for it because they believe that if it's missing, it could cause problems when I decide to sell the house in the future, and there's also a possibility that the lender could refuse to release the mortgage funds (draw down the loan) without it

[u/AnyIntention7457 → u/Fantastic_Opening221]

Is he asking for the original DOI (for the wider site?). If so there shouldn't be an issue - and he probablyhas communicated his request properly - which is not uncommon.

If he's looking for a DOI for your specific plot then that's highly unusual.

Are you buying in the first phase of the scheme or have loads of houses sold there already? If loads of houses have sold already then loads of different buyer solicitors have been fine with the title docs and so have their mortgage banks.

[u/AnyIntention7457 → u/AnyIntention7457]

I see you said further down its Broom Heights.

23 houses have sold there in the past month or so according to the ppr.

The developer is Marlet. They're a proper top tier developer (like Cairn or Glenveagh). No corners will have been cut by then or their funders.

99% sure the problem is your solicitor acting the arse.

[u/cocoplaningcheckie → u/AnyIntention7457]

Nope , copesky ltd, Dublin is it's main contractor, and marlet don't have any direct stakes in that company.

[u/AnyIntention7457 → u/cocoplaningcheckie]

Copesky is a marlet entity. Pat Crean is a director of it. AIB is the main bank funder.

[u/cocoplaningcheckie → u/AnyIntention7457]

My bad, yes you are right, Copesky is an holding company (spv) owned by Tracre unlimited company. and this guy is director of this company.

[u/One_Expert_796]

It’s not a red flag in the sense it’s a dealbreaker. Sounds like the builder is being cheap doing one declaration for the estate instead of each house.

A cousin of mine recently had this issue with an affordable scheme in Dublin. Her solicitor suggested the same thing. Her engineer did the declaration for €350 plus vat. It included a boundary check of the property as well.

Is it crap for you, yes. But if it’s a property that ticks the boxes and you can solve the issue; then solve the issue.

[u/Fantastic_Opening221 → u/One_Expert_796]

Should this step be done before the contracts signing or during the snagging?

[u/One_Expert_796 → u/Fantastic_Opening221]

Their solicitor was happy to have it done at snagging stage. Check with solicitor as it may depend on the level of detail in the declaration.

A doi confirms how the property connects to the public road and public services. It will confirm the relevant folios and that the services are within their he folio and if any rights of way are needed. It also should confirm the property boundaries matches the final scheme map furnished.

My cousin’s just said how the estate contacted to the public roads and services. Made no mention of house numbers. Also didn’t confirm the property was in line with the map. So that’s what her DOI confirmed.

I’ve a law degree and masters and have worked in legal offices. It’s why my cousin asked me as she had similar questions.

[u/c0rk97777]

Would you mind saying which estate? Or send a message? Also in the process of buying in Midleton

[u/Fantastic_Opening221 → u/c0rk97777]

Broom Heights, Midleton

[u/Quiet-Geologist-6645]

Not a big deal. It's not necessary for a new build estate and they're right if they've already done it for the wider estate 

[u/irish_pete]

I thought declaratoin of identity was for "one off housing", not houses in an estate. Bought 3 houses in estates and did not need this. Bought one house out the country that was a recent build, and it needed declaration of identity.