Q A recent media article reported that "water meter contractors who cannot find your stopcock, or locate where your water supply comes into the house will move on – leaving your home on the assessed charge, which is more expensive than the metered bill".
I have been searching for the stopcock outside my house in Dublin 6 but cannot find it. Presumably it has been covered over by a person or persons unknown before I bought the house. Who is responsible for locating the stopcock in these circumstances? It could take time and presumably a lot of money to find it. Since I didn't cover it up, can I be held liable for the expense of locating it? What should I do?
A It might surprise you but many property owners do not know where their main stopcock is. Very often there will be a second stopcock just inside the house normally under the staircase or under the kitchen sink, where the water can be turned off in an emergency situation.
Most houses will have a stopcock located outside the property boundary so that the local authority can turn the supply off. Usually the stopcock location will be clearly visible in the public footpath. However, in the event that there is no surface visible cover to the stopcock then it will clearly be hard to find as the water supply will be about 600mm (2ft) below the ground level.
The water meter installers are largely driven by time constraints and do not want to hang around searching for these when they are not clearly visible. However, as the supply pipe is a public supply which is located on public property, and as the intention is to locate the meters on public property so that the local authority will have control over and can access these, then in my opinion the local authority/installation contractors are responsible for finding the stopcock outside your property boundary.
I am further of the view that in the event that there is no stopcock outside the boundary then the installation contractors will need to install a new one for you. The difficulty still exists in tracing the location of the feed pipe and you may be able to assist the contractors by identifying the route which the pipe takes within your own property. However, again in the absence of any visible stopcock, this could be hard to find, and you may have to do some digging in order to identify the pipe location.
A qualified plumber will be able to help you identify the most likely route for the incoming pipe thus narrowing down the area where excavations may be required. This is, however, a last resort and your main focus should be on getting the local authority to have their builder find or provide a new stopcock. If the local authority is proving unco-operative then you should seek advice from a building surveyor.
Val O’Brien sits on the building surveying professional group of the Society of Chartered Surveyors Ireland, scsi.ie
Q I live in a multi-unit development of about 300 apartments. It is well run with adequate capital funding. The downside is that few turn up for the agm. My concern is that motions, mainly for potential changes to house rules, could be passed by a small attendance. This has not happened to date but a certain level of non-compliance with the house rules appears to be creeping in.
What are your views on the need for quorums – I appreciate that too high a bar impinges on decision-making. Also, should it come up, how can changes to house rules, which are effectively our constitution, be effected to make them representative of the majority.
AThe requirement for a company to have a quorum is bound by the articles of association of an owners' management company (OMC) as well as company law. If you refer to your OMC's articles of association it should indicate the minimum number of members required to be present. Almost all company information is now available from the Companies Registration Office for a small fee. The CRO website allows you search for your company and purchase the documents.
If the information is not available, section 318 of the Companies Act 2006 is the reference in law for quorums. Based on the Multi-Unit Developments Act 2011 (MUDs Act 2011), your OMC would require a minimum of two members to attend the meeting to qualify for a quorum. It is generally the case that if the development is running smoothly, many people choose not to attend the agm as they do not have a grievance to air.
There is no mechanism to compel members to attend an agm; members of an OMC may choose not to attend. I fully appreciate that poor attendance at an agm is unhelpful in the management of developments and onerous for directors who have given their free time with little or no recognition of their efforts.
Under section 23 of the MUDs Act 2011, the OMC must provide a draft of the proposed house rules to its members no less than 21 days in advance of the agm. The members will consider and accept or reject the house rules at the meeting and thereafter they are binding provided the house rules are consistent with that which is set out in section 23 of the Act.
If the OMC had the resources, it might be a worthwhile exercise to provide a return stamped addressed envelope to members with the proxy vote on the issue so as to entice the members to participate. It would be helpful to note the cost of doing so in response to the poor attendance historically so the members can see the financial cost of their absence.
Paul Huberman is a member of the property and facilities management professional group of the Society of Chartered Surveyors Ireland, scsi.ie
Q I am in the early stages of planning some alterations to a newly purchased second-hand home. One of the changes involves removing an internal wall in the living room. However, I have been advised by a friend that I may not be able to remove this wall without removing the chimney. Does this require planning permission?
AThe planning regulations list exempted development which is work that can be carried out without the need to submit a planning application. There is no reference to the removal of a chimney over the roof level. However the erection of a chimney for a central heating system is exempted development.
The planning authority would consider whether the removal of the chimney would have a detrimental effect to the sustainable development of the area. Also, whether the property is a protected structure or situated within a conservation area and if it is recorded in the building list of the National Inventory of Architectural Heritage. An application can be made to obtain a certificate of exempted development. A fee of €80 is required along with a site map and drawings. This process is dealt with quicker than a planning application. Contact your local planning officer for a definitive opinion.
It is, of course, possible to remove the chimney structure below roof level, leaving the chimney in place over the roof. This is something I have done on a few occasions. However, with any demolition work, I would advise that you seek professional help. This should include an assessment of the effect on the existing structure by removing the wall and the supports that will be necessary to maintain in order to ensure the stability of the structure.
Temporary work will involve propping structures during demolition work, along with making safe any services attached to or alongside the wall. Other considerations are the even alignment of the floor and wall finishes, where differences can be found in older buildings. It will then be necessary to employ a building contractor with insurance and experience of this type of work. Your own buildings insurer should also be notified of such work. Note also that since last June work commissioned on domestic dwellings are now within the scope of the construction regulations and your professional adviser can assist in this regard.
Jim Drew is a chartered building surveyor and a member 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
