CoCo Inspections of all Rented Properties: S.I. No. 534 - Landlords Obligations?
- Thread starter twofor1
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Thanks for that Guns N Roses. Unfortunately, both bathrooms upstairs are internal rooms with no windows. The main bathroom has two extractor fans, one in the centre of the ceiling and the other directly over the shower which activates when the shower cord is pulled, and the en-suite has one.
We are going to vent the kitchen extractor to the outside and will advise the Co Co that the bathroom fans are vented to the eaves.
We also have to change the timing on the fans to have an overrun of 15 minutes. I think we can do this ourselves, from Googling it seems it's just a matter of taking off the fan cover and turning a screw.
11. (1) Subject to sub-article (2), the house shall contain a fire blanket and either a mains-wired smoke alarm or at least two 10-year self-contained battery-operated smoke alarms.
I find no mention of a fire extinguisher for residential properties; however, I believe they are obligatory for holiday homes.
It is the local authorities responsibility to ensure that BER certs are available where required.
However, as the LA does not seem to get any of the money from BER certs, they seem to not bother about them.
The LA is entitled at any time to view a BER cert for any property that is offered for rent or sale, and the fact that a cert lasts for 10 years, could imply that if there is no cert currently available then the landlord may have been in contravention of the law when the property was put on the market.
Guns N Roses
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Facetious, could you tell me where you're getting your information about LA's responsibilities regarding BER certs. I've never heard of this before.
This post is about inspections carried out under S.I. No. 462/2009 — Housing (Standards For Rented Houses)(Amendment) Regulations 2009. As far as I am aware, having a BER cert is not a requirement of these standards.
Have received another letter yesterday from the Co Co which states:-
"windows in the bedrooms do not meet fire safety regulations for escape"
I managed to speak to the person who inspected the property and he told me that all my upstairs windows need to be replaced as the opeinings are too small under the fire safety regs.
They have to be a minimum of 45cm across and 75cm or more outward opening space.
The estate our rental property is in was built in 2000 and the windows are the original windows put in place by the developer. I asked the inspector how it was possible that the developer was allowed to install these windows if they don't meet fire safety regs and is there not a requirement under building regulations for developments to be inspected by a local authority building inspector to sign off that all regulations have been met.
He said he couldn't comment on that, but I'm now left with having to replace all the bedroom windows at my expense with no comeback to the Co Co who gave planning permission, approved the development etc. Do developers have to get a fire safety certificate from the local fire service?
While I don't want to put my tenants' lives at risk, I'm shocked by the findings and am wondering does anyone know if it's possible to take a case against the Co Co for giving permission for these windows to be installed?
"windows in the bedrooms do not meet fire safety regulations for escape"
I managed to speak to the person who inspected the property and he told me that all my upstairs windows need to be replaced as the opeinings are too small under the fire safety regs.
They have to be a minimum of 45cm across and 75cm or more outward opening space.
The estate our rental property is in was built in 2000 and the windows are the original windows put in place by the developer. I asked the inspector how it was possible that the developer was allowed to install these windows if they don't meet fire safety regs and is there not a requirement under building regulations for developments to be inspected by a local authority building inspector to sign off that all regulations have been met.
He said he couldn't comment on that, but I'm now left with having to replace all the bedroom windows at my expense with no comeback to the Co Co who gave planning permission, approved the development etc. Do developers have to get a fire safety certificate from the local fire service?
While I don't want to put my tenants' lives at risk, I'm shocked by the findings and am wondering does anyone know if it's possible to take a case against the Co Co for giving permission for these windows to be installed?
AFAIK. The local authorities only have a target of inspecting a small percentage of buildings. The majority don't get inspected.
Seems to me, in Ireland you buy your property as seen. There's almost no control or regulation and no warranties on anything. You have more consumer protection buying a Kettle.
Seems to me, in Ireland you buy your property as seen. There's almost no control or regulation and no warranties on anything. You have more consumer protection buying a Kettle.
In the STATUTORY INSTRUMENTS S.I. No. 666 of 2006 (i.e. The BER laws) there is continual reference to the "authorised officer" which is, according to said Instrument, defines such as to mean either "an authorised officer of a building control authority or a person authorised by the issuing authority under these Regulations".
The issuing authority is the SEAI.
For the definition of "building control authority" has the meaning assigned to it by Section 3 of the Building Control Act 1990 (No. 3 of 1990) which is:
2.—(1) Each of the following local authorities shall be a building control authority for the purposes of this Act—
(a) the council of a county,
(b) the corporation of a county borough,
(c) the Corporation of Dún Laoghaire,
(d) subject to subsection (2), the Corporation of any other borough and the council of any urban district which is, at the commencement of this Act, a fire authority.
However, the fact that all revenue generated through the BER Scheme goes to SEI, does not encourage LAs to act on the legislation as the County Councils have to supply the resources, without any additional funding, to implement the scheme is also a fundamental flaw in the process.
I am not sure of the situation in relation to the window regulations but if the council determine on inspection that I have a problem I will call to a couple of local authority houses where I know there is bigger non compliance with building regulations and send them a detailed report on it. I know two wrongs do not make a right but neither does should there be one law for the council and another for private rented accommodation. In fact these inspections should be carried out by independent and qualified inspectors. I had a council inspection a couple of years ago and an alleged problem was brought to my attention while I was present and when challenged on it they had to admit that they were wrong. I then asked them what their qualifications were in that area and they admitted that they had none.
Guns N Roses
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"windows in the bedrooms do not meet fire safety regulations for escape"
I managed to speak to the person who inspected the property and he told me that all my upstairs windows need to be replaced as the opeinings are too small under the fire safety regs.
They have to be a minimum of 45cm across and 75cm or more outward opening space.
The estate our rental property is in was built in 2000 and the windows are the original windows put in place by the developer. I asked the inspector how it was possible that the developer was allowed to install these windows if they don't meet fire safety regs and is there not a requirement under building regulations for developments to be inspected by a local authority building inspector to sign off that all regulations have been met.
He said he couldn't comment on that, but I'm now left with having to replace all the bedroom windows at my expense with no comeback to the Co Co who gave planning permission, approved the development etc. Do developers have to get a fire safety certificate from the local fire service?
I'm not aware of any requirement to have a minimum opening width for fire escape under the HOUSING (STANDARDS FOR RENTED HOUSES)(AMENDMENT) REGULATIONS 2009. I have pasted the relevant section below.
“Fire Safety
11. (1) Subject to sub-article (2), the house shall contain a fire blanket and either a mains-wired smoke alarm or at least two 10-year self- contained battery-operated smoke alarms.
(2) Each self-contained house in a multi-unit building shall contain a mains-wired smoke alarm, a fire blanket and an emergency evacuation plan.
(3) Emergency lighting shall be provided in all common areas within a multi-unit building.”,
You should reply in writing to the Officer who issued the letter from the Local Authority asking them to clarify where in the Regulations this requirement is.
There may well be a minimum opening width requirement for windows in the Building Regulations which is a separate set of regulations from the Housing Regulations.
You should however have received an "Opinion of Compliance with Building Regulations" prepared by your developers Architect or Engineer from your solicitor when you initially purchased the house.
I would be pursuing your Developers Architect or Engineer in the event that your property doesn't meet Building Regulations.
Guns N Roses
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I have pasted below a section from the following document which sets out the current situation regarding Building Control.
Strengthening the Building Control System
A Document to inform public consultation on Draft Building Control (Amendment) Regulations 2012 by the
Department of the Environment, Community and Local Government April, 2012
"2.3 The role of the owner/developer
Under the Act of 1990 responsibility for compliance with the requirements of the Building Regulations is placed first and foremost on the owner and the builder/developer of a building.
The onus is on the builder /developer and owner to demonstrate compliance with the Building Regulations when required to do so by the relevant local building control authority. Failure to do so is an offence under the Act which may if successfully prosecuted in court lead to a fine and/or a term of imprisonment
Remediation of defects is a matter between the parties concerned i.e. the owner and the builder/developer and their insurers. This applies even where the owner is a local authority. If satisfactory resolution cannot be achieved through dialogue and negotiation the option of seeking civil legal remedy may be considered. In such situations, the statutory requirements provide a yardstick by which the owners/their technical consultants and the courts can determine whether a building is fit for purpose or not.
2.4 The role of Professionals
The requirements of the Building Regulations apply to the design, as well as the construction, of a building and there is a responsibility on designers to ensure that their designs are in compliance with the minimum legal requirements.
More generally, construction professionals play a key role in the planning, design, and construction of our built environment. Notwithstanding the responsibility of the Minister and the Department to guide and regulate development; the quality of our built environment depends to a large extent on the quality of the contribution of construction professionals.
Construction professionals play a key role in designing, developing, and certifying buildings. Where these buildings prove to be less than fit for purpose, construction professionals must be held to account for the consequences of their actions.
2.5 The role of Local Authorities / Building Control Authorities
Under the Act of 1990 local authorities have strong powers to:
• scrutinise proposals and inspect works in progress;
• serve enforcement notices for non-compliance;
• institute proceedings for breaches of regulatory requirements;
• seek High Court injunctions if non-compliance poses considerable and serious
danger to the public.
The Department has set a target inspection rate of 12-15% of all buildings covered by valid commencement notices. Statistical returns for 2010 show that all but four Building Control Authorities met or exceeded this target, and a general average inspection rate of 24% of all buildings was recorded.
While local authorities do use the courts to effect compliance where reasonable and appropriate to do so, desired results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.
In addition, statutory processes such as those under the Building Control Acts 1990 to 2007 and the relevant Building Control Regulations in relation to applications for Fire Safety Certificates and Disability Access Certificates also enable local authorities to positively influence the quality of a building."
You can find the full document here http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/FileDownLoad,29908,en.pdf
I read the Housing Regulations when I got the letter and couldn't find any reference to the windows other than that they should be in working order.
I found , which refers to the window openings, they're actually wider (85cm x 50cm) than the Housing Inspector told me (75cm x 45cm) and yes, it's in the Building Regulations and Building Control Regulations 1997.
I think this covers the Co Co that I, as the owner, have to comply with the regs when required to do so.
The house was built in 2000 and I purchased it in 2004 from the original buyer. We also had a structural survey carried out, I'll have to dig it out to see if the surveyor mentioned the windows.
Guns N Roses
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The link to Limerick County Council's website is correct. I pulled out my old copy of the Building Regulations 1997_Technical Guidance Document B_Fire Safety. It states that "the window should provide an unobstructed width is not less than 850mm high by 500mm wide."
It sound like the Housing Inspector is using the Building Regulations 2006_Technical Guidance Document B_Fire Safety which states
"the window should have an openable section which can provide an unobstructed clear open area of at least 0.33 m2 with a minimum width and height of 450 mm (the route through the window may be at an angle rather than straight through)."
Thanks for all the info Guns N Roses, I'm just going to go ahead and change the windows as I need to make sure my tenants are safe.
The estate my house is in has around 30 rental properties, some of which I know are owned by Landlords who are not registered with the PRTB nor have they paid the NPPR tax. The windows in all the houses are identical, so it will be interesting to see how far the council will go to pursue the enforcement of the fire safety regulations and if they will only pursue the compliant landlords, such as myself, or if they will ensure that every rental property on the estate meets the regulations.
The estate my house is in has around 30 rental properties, some of which I know are owned by Landlords who are not registered with the PRTB nor have they paid the NPPR tax. The windows in all the houses are identical, so it will be interesting to see how far the council will go to pursue the enforcement of the fire safety regulations and if they will only pursue the compliant landlords, such as myself, or if they will ensure that every rental property on the estate meets the regulations.
Battery powered smoke alarms [except permanent 10 year smoke alarms] do not meet the regulations.
Guns N Roses
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Yes. Only 10 year battery powered or mains supplied smoke alarms meet the Regulations. The old 9 volt battery operated type are obsolete and no longer are acceptable.
The most common item to fail an inspection in my experience is the smoke alarms. Either they are obsolete or they have been disabled by the tenants.
Even the mains type can be disabled. I've even seen one tenant in an apartment complex cover the smoke alarm with tinfoil to prevent it going off.
Has Ireland gone completely mad with H&S and whatnot?
I live in an old building here in Berlin (over 100 years old). If there's a fire, we're probably in trouble alright, but so is most of the city.
Making people replace windows in a 2 storey house because of a few mm seems absolutely absurd to me tbh.
I live in an old building here in Berlin (over 100 years old). If there's a fire, we're probably in trouble alright, but so is most of the city.
Making people replace windows in a 2 storey house because of a few mm seems absolutely absurd to me tbh.
Dunno when the parent got their windows replaced it made us realise that all the old windows in the house were top opening with about 30cm high gap. Very few could get out through them if there was a fire. That house was 25~30 yrs old. I expect there would be a lot of houses the same.
That's fair enough-top only openings are dangerous, but I don't think the OP's are like that? Think they're just "a bit narrow" for the council. The house was only built a decade ago, so would be surprised if they had top opening windows only.