PROPERTY CLINIC: QWe bought an apartment in a mixed development of apartments and houses in Co Meath about four years ago. At the last AGM, it was brought to our attention that a number of people in the houses are refusing to pay their service charges because they don't get any of the services that those in apartments do such as lifts, gates, cleaning etc. The management company explained that they benefit from street lighting, a water fountain, grass-cutting and maintenance. The non-payers now say they want the council to take charge of the development. I am worried because the council won't look after cleaning common areas in the apartment blocks, lift maintenance and insurance etc. If the houses continue not to pay, are we in effect subsidising the services they get? What can be done?
AIn multi-unit developments, where there are both houses and apartments, there are usually two service charges. One is for the apartments and it applies to and is paid for by the apartment owners only. The second one is for the amenity areas (grounds and roads) and is paid for by apartment and house owners, generally on an equal basis.
The amenity service charge should be the only charge payable by the house owners to cover services such as public liability insurance, street lighting, maintenance to the roads, signage, grounds and landscape.
The apartment owners pay the amenity charge and the separate apartment service charge, which would cover building insurance and services within the buildings such as lifts, pumps, fire safety, lighting, cleaning, repairs and renewals as well as a sinking fund for future redecoration and refurbishment.
In multi-unit developments where there is a lack of information this frequently gives rise to confusion and misunderstandings which then leads to some owners withholding payment of their service charges.
Information and clarification on what items are included in your service charge and how much you are paying for each one is vital. It is important that each owner be provided with enough information so that they can familiarise themselves with how their management arrangements work, their estate documents which detail their rights to services and, equally, their obligation to pay for them and how they are apportioned among each type of owner within the development.
It may be that the house owners want to have certain services in the estate taken in charge by the local county council. However, in the meantime it does not excuse a house owner from paying for their share of the remaining running costs and yes, the paid-up owners are, in effect, subsidising the services for them, which is at the very least unfair.
In terms of what can be done: first obtain and furnish the information necessary (full service charge cost and category breakdown) to all owners so that owners from each dwelling type understand the services from which they benefit and for which they are legally responsible.
The board of directors of your Owners’ Management Company (OMC) and your managing agent should have this information.
Second, you could ask the OMC to investigate if the option of taking in charge certain services actually exists. Generally county councils may take roads, footpaths and street lighting in charge, but this is usually conditional upon them being brought up to a “taking in charge standard” which might impose a heavy financial burden on the OMC and owners.
In the event of persistent non-payment, the estate documentation will generally set down penalties and interest that may be applied to the accounts of owners who do not pay their service charges and ultimately these accounts can be passed to your OMC’s solicitors for collection.
Siobhan O’Dwyer is chair of the Property and Facilities Management professional group of the Society of Chartered Surveyors Ireland
Do I need planning to reopen blocked door?
Q I cannot get the Dublin City Council planning department to give me a straight answer to a simple question. Do I need planning permission to re-open a blocked doorway from the street into my back yard? I want to be able to bring my bike directly into the yard, as well as coal and other deliveries such as compost for the flower planters, etc. The old doorway is clear, as you will see from the Google Streetview photograph above.
Why on earth should I pay €90 and wait three months to see if they decide I do or do not require planning permission? I want to renovate my house and spend a lot of money employing people to do so. I want to do it this side of the winter season so that the house is upgraded to a high level of insulation. Why on earth can I not get a straight answer – do I need planning permission or is this a restoration not a new works?
No wonder the country is going bankrupt when people like me who do have spare cash cannot use it to create jobs!
AThe re-opening of the pedestrian doorway may be exempted development under Schedule 2, Part 1, Class 5 of the Planning and Development Regulations 2001, which exempts, inter alia, the alteration of a wall within the curtilage of a dwelling and the construction/erection of a gate or gateway. The exemption is subject to certain conditions and limitations. It should be noted that these exempted development provisions will not apply in certain circumstances, for example where works would contravene a condition of a planning permission, or where the building is a protected structure.
The proposed development may also be exempted development under Section 4 (1) (h) of the Planning and Development Act 2000.
This provides that works which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures will be exempted development.
In order to determine whether the works would be exempted development, we would recommend that an application is made to the local planning authority for a Section 5 Declaration. Such an application is made in writing at a cost of €80.
A Declaration from the planning authority is typically issued within four weeks of application.
John Spain is a member of the Planning Development Professional Group of the Society of Chartered Surveyors Ireland scsi.ie
Can I put off getting a BER cert?
QI am selling my house and the estate agent told me that I need a BER certificate. Why do I need one and what is it for? Can it not wait until the house is sold?
AIn answer to your query, the European Communities (Energy Performance of Buildings) Regulations 2006 brought the Building Energy Rating (BER) into existence in Ireland.
These regulations state that anyone who offers a property for sale or to let must have a BER certificate for that property. This means that you must have the BER certificate ready for inspection for anyone viewing the property. If you do not, you are in breach of the regulations and if you cannot produce the BER certificate to a building control officer you could be liable for fine not exceeding €5,000 and/or imprisonment not exceeding three months.
From a practical point of view, the purpose of the BER certificate is to inform potential purchasers of the energy efficiency of the property they are looking at so that they can make an informed choice.
The BER system is comparable to when you go to buy a fridge or washing machine in one of the appliance stores; the rating (similar to a BER) showing if the appliance is rated A, B or C is stuck to the appliance so the purchaser can make an informed choice.
The cost of getting a BER is very competitive at the moment and you can get a certificate issued for a standard property for less than €200. It would seem that this is a small price to pay to be compliant with both the letter and spirit of the law and avoid a hefty fine.
Kevin Hollingsworth is chair of the Building Surveying Professional Group of the Society of Chartered Surveyors Ireland scsi.ie
