Legal proceedings have been issued against the Dublin Docklands Development Authority by the management company representing residents threatened with having to evacuate the Longboat Quay apartment complex because of fire risks.
Separately, the management company has challenged the fire safety notice issued by Dublin Fire Brigade ordering work, including the installation of a smoke ventilation system and fire stopping materials, be started by November 1st.
The appeal against the notice will be heard in Dublin District Court on November 3rd and November 17th, which will stop the clock for residents on the threat of evacuation from the 299 modern apartments in the Dublin docklands.
The interim chief executive of the DDDA, Paul Clegg, on Monday told city councillors the offer of a financial contribution by the authority and the receiver to Gendsong, the Bernard McNamara company which developed the apartments, had been rejected by the management company.
“Since the city council met last Monday we have received notice from the legal advisors of the management company that our offer was unacceptable and legal proceedings would be issued this week...”
Fixing the fire safety defects is expected to cost €4 million. The authority and Nama, which is funding the receiver, last week made an offer of €2.75 million, but this includes almost €1.25 million already spent by the authority on the installation of fire alarms. Residents said the offer was “wholly unacceptable” and insufficient to allow work to begin.
The authority has ownership of the common areas in Longboat Quay and also has an interest in 37 apartments bought under the affordable housing scheme. The receiver has control of 18 apartments in the complex.
The rejection of the offer of funding and the notice of legal action was “a source of regret to us”, Mr Clegg said. “Any available funding should be used for remedial work not legal costs.”
The authority had legal advice that it wasn’t liable in relation to the fire issues, he said, but had decided to “step in”.
“We’re in a situation now where the authority and the receiver made an offer that doesn’t cover the full amount. We understand that they [the residents]bought the apartments in good faith and don’t want to put their hands in their pockets. We can only make an offer based on the resources we have.”
