Q My girlfriend and I bought an apartment in a large complex last year. We were informed at the time that the management company in the complex does not allow satellite dishes as they take from the overall look of the development; unfortunately we didn't question it or even think too much about it at the time. We now want to get a Sky dish as our current service/ service provider is really poor. We see other apartments with the dishes up in our complex and wonder if we could risk putting one up ourselves? Could the management company fine us or what's the worst that could happen? Is there a way to go about getting the rule changed?
A The requirement for satellite dishes in Owners’ Management Company (OMC) developments is diminishing with the improvement of cable television and the coming of age of internet supported television offering a plethora of content. The major barrier to entry to market for these products is where the transition to on-demand content will be hindered by poor broadband. Many owners’ management companies arrange for a communal dish to be installed in the development to allow the members avail of satellite television.
Sky previously offered free communal dish installation with sub-contractors working with the OMC. There are now private contractors that will install communal dishes for a fee. The presence of a communal dish in a development negates the requirement for each individual property to arrange for their own installation. It is not just an eye sore for the development to have numerous dishes but also a material risk to the fabric of the building. High winds and poor dish installation can irreparably damage the contact area on the building which may then require costly repair work.
The members of the OMC all signed a binding lease agreement when they purchased their property. Most lease agreements prohibit the installation and erection of aerials and dishes.
If the development is being appropriately managed it would be safe to assume that the existing dishes will be removed and the offending members will be liable for all associated costs.
Planning permission is required if a dish is to be erected or installed that is associated with an apartment. As the exterior fabric of the development would traditionally be part of the common areas held by the OMC, it is that entity that would apply for planning permission for the installation of a dish. An individual property owner could not therefore make an application.
Enforcement action may be taken by the local authority against the owner/occupier who installed the dish or aerial as well as the contractor who installed it. I would recommend you contact your local authority and review your lease agreement.
Paul Huberman is on the Property and Facilities Management Professional Group of the Society of Chartered Surveyors Ireland scsi.ie
Q We replaced our double-glazed windows throughout our three-bed semi-detached house about 10 years ago. We haven't had any problems until last winter when condensation appeared between the panes in our box-room window. We called the company who fitted them originally and they advised that it may be the seals and we had them replaced. This has not remedied the issue although it is not so bad now that the weather is improving. We'd like to get this resolved before next winter. Do we need to replace the entire window? Is this likely to happen with our other windows also?
A It is unlikely the seals of the windows themselves could cause the problem you describe; it is more likely that it is the doubled glazed glass units which are causing the problem. These are hermetically sealed items consisting of two panes of glass with an aluminium edge spacer containing a desiccant material to remove any residual moisture in the air, or sometimes inert gas that is present when the panes of glass are stuck together as a unit. The entire unit is then sealed all round with a flexible mastic material to prevent moisture re-entering the space between the panes.
If the manufacture of the unit itself is substandard or if the glass units are inserted into the window frames badly creating point stresses, then the units themselves can fail and slowly atmospheric moisture enters between the glass panes and eventually depletes the desiccant material.
When that happens the moisture in the airspace can form condensation inside the unit and appears as a mist; the unit has then failed. It sounds as if your glazing units have failed in that way and you should bring the matter again to the attention of your installer to remedy. This will mean the replacement of the glass parts of your windows and should cause minimal or no disruption to the fabric of the building. Fergus Merriman is a surveyor and a member of the Society of Chartered Surveyors Ireland scsi.ie
Q I moved from New Zealand to Ireland eight years ago and bought a house with my Irish girlfriend who is now my wife. All of my family are still in New Zealand but visit regularly. My brother wants to buy a holiday home in Ireland so that he has somewhere to stay when he and his family visit – and our parents and other relatives can also have use of it when they are in Ireland.
The plan is to have him transfer the money to me and I will buy the property for him. What kind of tax will he have to pay? We’re also not sure of the best way for him to transfer money to me and aren’t aware of what types of charges may apply. Any advice would be much appreciated.
A Your brother can buy a property here in much the same way as an Irish resident. The purchase will be subject to stamp duty (1 per cent up to €1 million and 2 per cent for any amount over that).
He will also incur registration fees (€400-€800). He will need a solicitor (typically charging 1per cent to 1.5per cent of the purchase price plus VAT) and, given that he is overseas and you are not directly involved in the property industry, you would be well advised to engage a property professional to act on your behalf in the acquisition (typical fee 1 per cent to 1.5 per cent plus VAT).
In my experience availing of the services of a property professional will often save a purchaser a multiple of the fee charged by negotiating a better price and avoiding any pitfalls that may arise.
I would advise having the money transferred to your solicitor who will hold it in their client account rather than transferring it to your personal account. The solicitor will also help him get a Personal Public Service (PPS) number which he will need in order to purchase the property. Your brother’s bank in New Zealand should be able to advise on charges for the transfer.
Your brother will also be liable for the Local Property tax (LPT) which came into operation in 2013 (see revenue.ie for further information). If he plans to rent the property when it is not in use by your relatives, he will have an Irish taxable income. He should seek tax advice from a suitably experienced accountant if he plans on renting the property to tenants.
If he’s considering buying an apartment rather than a house, he will need to check the status of the management company and should be aware that he will need to pay an annual service charge which covers the maintenance and services associated with the development.
Simon Stokes is chair of the Residential Agency Professional Group of the Society of Chartered Surveyors Ireland scsi.ie
Send your queries to propertyquestions@irishtimes.com or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2. This column is a readers’ service. Advice given is general and individual advice should always be sought
