Q I recently finished renovating my kitchen and as part of this renovation I installed electric underfloor heating. It has been a fortnight since the tiles were laid and I have noticed that half of the floor has started to sink. I am wondering what could have caused this and if it is the fault of the contractors. If so, am I entitled to have them repair it at their expense?
A It’s difficult to offer any meaningful advice arising from your question, when your query doesn’t contain any information on the floor construction or indeed, whether a new concrete ground floor slab and/or concrete screed was added as part of the renovation works.
It’s also unclear whether the renovation works involved extending your existing kitchen and if this involved the provision of new foundations and ground work, etc. Either way, further information would be required on the floor construction and a design check completed to determine if the concrete ground floor slab was adequately designed and constructed.
Notwithstanding this, there are several possibilities as to why the floor maybe sinking, but again further information would be required on the extent of sinking and whether this would be classified as significant or otherwise in order to determine the most likely cause. It’s not uncommon to see ground floor slabs settling over time; however, in your case it’s happening far too quickly.
I note in your query that you mention that you have installed electric underfloor heating and, again, I’d like to understand how this was installed at your home, as it can be installed in different ways, which may explain the reasons for your tiles sinking. I have seen cases where the grouting used is not compatible with underfloor heating and as a consequence it dries out too quickly. It’s also imperative that the correct adhesive and tiles are used and that you adhere fully to the manufacturer’s guidelines with regard to the operation and use of the underfloor heating.
It is normal practice for the temperature on the underfloor heating system to be gradually increased over time to avoid any damage been caused by overheating. I have also seen grouting overused, where the ground floor slab was so uneven that a levelling compound should have first been applied, before the adhesive and tiles were laid.
Again, over time the floor settles and cracks appear in the finished tile as a consequence of a poorly laid floor slab.
At the end of the day, if your contractor was charged with installing the new floor, including the underfloor heating system and tiling, than he is responsible for rectifying the problem at his expense.
Alan Baldwin is a a member of the Society of Chartered Surveyors Ireland’s building surveying professional group
Damp in bathroom
Q I recently noticed a damp patch encircling the extractor fan in our bathroom. Prior to this the fan had dripped water whenever it was used. What should I do to resolve this problem?
A Based on the information provided this appears to be a localised condensation problem caused by failure of the fan to remove “moisture-laden” air from the bathroom. Water dripping from the fan and the damp patch supports this opinion.
It’s unclear if the fan had worked effectively, as it had been dripping water. While the damp patch appears recent, condensation over a protracted period results in more widespread mould growth. While external rain penetration or a leak from a water pipe is unlikely, in the absence of a survey it is prudent to check for other causes of localised water leaks.
The query does not indicate the extractor fan location. It is most probably on an external wall. It is unclear whether the fan ducting enclosure to the outside vent is properly constructed. You need to check for external and internal blockages.
The type size or condition of the fan is important. You must check that the the fan is capable of drawing (sucking) sufficient air from inside and discharging it outside. If the extractor fan is located in an internal bathroom area or extracting over a long distance, the fan or the ducting may be inadequately sized or there may be blockages impeding the flow.
A replacement fan may be required depending on the age, suitability or condition. Sometimes internal rooms have fans located in ceilings or on inside walls and may discharge to areas such as an attic and will be inadequate.
Depending on the size and configuration of your bathroom layout you need to check the fan capability and ensure the enclosure extraction area is adequate. It is essential that there is an adequate ventilation path, regardless of fan location. You should consider installing a humidistat to activate the fan operation, as this will be more efficient than door- or light-switch- operated fans.
A simple check of the suction capabilities of the fan will indicate its capacity to extract sufficient moist air. Check that the fan (blades, etc) is not severely impaired or whether it needs to be freed up or replaced. It may be a simple maintenance issue to clear, lubricate or otherwise free up the fan’s working mechanism or clear any obstruction.
Modern exterior plastic air vents are often fitted with anti-vermin screen filters and these can block up due to accumulation of flies and other insects. If this is the case, the screen should be cleared. If the external wall vent area is inadequately sized or impeded then this should be fixed.
You should contact a competent builder or tradesman to check the system and carry out the necessary work. If in doubt, or if further assistance is required, a chartered building surveyor or construction professional should be able to advise you of the best course of action.
Kevin Sheridan is a member of the Society of Chartered Surveyors Ireland’s building surveying professional group
Apartment complex budget
Q I have received a copy of a notice to approve the budget and service charges in our apartment complex for 2015 from our owners' management company (OMC) which does not have a managing agent but is "self-managed" by effectively one member. There are several legal cases outstanding against the OMC but, rather alarmingly, the notice states that the officers' and directors' insurance (ODI) is subject to a "moratorium" due to some activity in 2009 (no details provided) until 2015.
We are a company limited by guarantee but what happens if the litigation goes against us? Can the directors be personally liable? The accounts show the ODI premium has been continuously paid from 2009 through the present. The legal cases involve alleged defamation and alleged breaches of the equality legislation.
A Members of companies limited by guarantee are protected from being personally liable for the debts and actions of the company. If the OMC is wound up, each member will be required to pay €1. The incorporated company is a separate legal entity that is established so as to undertake such activities as set out in the OMC’s memorandum of association.
The directors’ and officers’ liability policy itself can vary in the scope of cover. A lower premium would probably result in a smaller “limit of liability” in terms of damages to pay out and cover legal fees incurred to defend the cases. The level of cover will depend on the amount of the premium paid.
It is also worth noting that in directors’ and officers’ liability policies the limit of liability tends to cover a period of time and not a quantum of legal actions, however many there may be. This would mean the policy may not cover all the various legal fees if the costs collectively exceed the limit of liability. It would be prudent to seek professional advice to establish exactly what cover is being provided by your officers’ and directors’ insurance.
It is unclear in what capacity you have been asked to approve the budget and service charges, as recent changes in legislation require that this business is decided at the annual general meeting of OMCs.
Notwithstanding any of the above, the directors may be found personally liable depending on the specifics of the litigation and the directors’ and officers’ liability policy particulars. It would also be prudent for the members of the OMC to discuss the issues you have raised at the pending general meeting. You might like to write to the board of directors and ask them to make available a detailed written explanation about the outstanding legal cases if they are in a position to do so.
It would also be very helpful for the members to have the solicitor for the defence attend the meeting and answer, where possible, questions from the members. It may be necessary to replace the director if the charges are against the director who is currently in office and to which the cases may relate.
The consequence of all of this worry is that future premiums for directors’ and officers’ liability insurance may be higher to reflect the risk. Another is the cost of the restoration of the OMC if it is wound up or to prevent it from being wound up by way of legal fees within service charges to shore up any difference from the policy.
Paul Huberman is a member of the Society of Chartered Surveyors Ireland’s property and facilities management professional group
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
