Council unlawfully refusing to issue compliance certificate for Meath apartment block, developer claims

A development company claims a local authority is unlawfully refusing to issue a certificate of compliance for 24 homes that are ready to be occupied.

Corseet Limited says Meath County Council believes the only way to rectify a late filing of a legally-required notice is for the apartment block at Beamore Road, Drogheda, to be demolished, a new commencement notice filed and the units rebuilt.

The firm, which has offices at Herbert Place, Dublin 2, acknowledges it was in default by not submitting a required “Seven Day Notice” to the council a week before commencing building works.

The council’s planning enforcement section issued a letter in May of this year stating the apartments complied with all other statutory obligations, Corseet says.

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In court documents, the developer claims its late 7 Day Notice, lodged on October 21st, 2020, was returned as invalid on October 27th, 2020, and the council directed that works that had commenced should stop until the situation was regularised.

Corseet says it ceased works the next day, October 28th, 2020, until it agreed a process with the council to regularise the position regarding the notice.

A regularisation certificate application was deemed valid by the council in November 2020 and engagements continued to address the default, the firm says. It was the position then that the council would not grant the certificate until all works were completed.

The company says the local authority never raised any issue with works on the block continuing.

In a May 2022 meeting, Meath Co Council said there was no mechanism to register the block on the Building Control Management System, as required, because of the delayed notice, says Corseet.

The developer claims it was the council’s view that the only way to achieve validation was for the block and site to be cleared, a new commencement notice submitted and, on validation of a new notice, the apartments rebuilt.

No lawful basis

According to Corseet, the council maintains that the block does not comply with parts of the Building Control Regulations and that it is not in its powers to bypass the process and issue the certificate.

The developer claims there was no lawful basis for the council’s decision to refuse to register the certificate. It also alleges the council erred in law in determining it does not have the authority to register the certificate.

Corseet is asking the High Court to quash the local authority’s registration refusal and to order the council to register the compliance certificate.

The case against Meath Co Council has also been brought against Ireland, the Attorney General and the Minister for Housing, Local Government and Heritage.

Against the Minister the developer seeks various declarations that would allow the certificate to be issued.

If it is found that the council is correct in its approach, the firm wants the court to make an order striking down the Building Control Regulations and a declaration that the legislation is inconsistent with property rights under the Constitution.

The case came before Mr Justice Charles Meenan on Thursday on an ex parte basis (only the plaintiff was represented), when Corseet’s counsel, Michael Cush SC, asked for an expedited hearing of the developer’s application seeking court permission to pursue its action.

The leave hearing was scheduled for December, but Mr Cush sought expedition in circumstances where there are 24 apartments ready for residents at a time of a housing crisis.

It was his intention to seek to admit the case into the High Court’s fast-track commercial list.

The judge rescheduled the hearing for a day next week.