# Apartment & Construction Defects



## Hopeful77 (8 Nov 2019)

Good morning,

I am wondering if anybody here is affected by construction defects? 

I own an apartment which is subject to a significant remediation project to remedy fire defects which were not done correctly by the developer. We have all paid and the remediation works are underway but the sense of injustice is very strong. The developer is still in operation and has been granted planning permission as recently as last year. I've informed the council who are not interested in pursuing them and are now ignoring my emails but they have power under the planning act to prevent them from developing again until they remedy issues on previous developments.

We contacted them but they referenced the statute of limitations (the apartments were built over 10 years ago). 

Surely they can't get away with it?


----------



## Bronte (8 Nov 2019)

Yes they can get away with it.  Now you could make yourself a nuisance to the builder and you might get your repairs that way.  Others have done so and succeeded. But it's not for the faint of heart.  

What is it you want done and how much will it cost?


----------



## Hopeful77 (8 Nov 2019)

We are being a nuisance alright but seems like water off a duck's back.

Works costing €15k per unit. I want the person responsible for be forced to correct the problem and reimburse us all and I want the government to force that to happen.


----------



## Blackrock1 (8 Nov 2019)

these days the best way is a public shaming, twitter, facebook etc and get a local td on board.


----------



## SimplyWorried (8 Nov 2019)

If the council are ignoring you, try to get a TD or at least a local councillor to follow-up with the council. It might get them more focused on the issue.

Did the apartments meet existing Fire Regulations at the time they where built and now don't comply with todays regulations, or at time of completion where they non-compliant? If the latter then I think you would have a case. 
We hit a similar issue but the developer had gone bust and started up again under a different trading name so we had no comeback. The injustice is unreal. The fact the developing is still trading is a positive for you.


----------



## Bronte (8 Nov 2019)

Hopeful77 said:


> We are being a nuisance alright but seems like water off a duck's back.
> 
> Works costing €15k per unit. I want the person responsible for be forced to correct the problem and reimburse us all and I want the government to force that to happen.


Circa how many units?

And you can forget about the government doing anything. It's the government who left builders be cowboys.


----------



## Bronte (8 Nov 2019)

SimpleWorried said:


> We hit a similar issue but the developer had gone bust and started up again under a different trading name so we had no comeback. The injustice is unreal. The fact the developing is still trading is a positive for you.



You can  be sure that the builder is legally a different entity.


----------



## Alkers86 (8 Nov 2019)

Could you protest at one of their other developments which is on the market if they have any? A big sign explaining the issues might out off potential buyers?


----------



## Hopeful77 (8 Nov 2019)

150 units. Yes they did set up different entities to build but with the same directors. 

Good idea Alkers86, thank you.

I don't know how they sleep at night knowing the severity of the fire issues.


----------



## Easel (8 Nov 2019)

I presume this is the park view development in Stepaside? If not, there are a number of similarities.

How these builders are allowed to continue is a disgrace. If they were in any professional service industry they would not be allowed to continue practicing.


----------



## Hopeful77 (8 Nov 2019)

Easel said:


> I presume this is the park view development in Stepaside? If not, there are a number of similarities.
> 
> How these builders are allowed to continue is a disgrace. If they were in any professional service industry they would not be allowed to continue practicing.


It's a different development but close by! We are still trying to gently convince the builder to pay so aren't releasing the name of the development publicly yet!

That's what annoys me most, there's one thing about paying such a large sum on somebody else's negligence but the fact the government permit and enable them to build is absolutely mind-boggling. There appears to be no consequence to them!


----------



## L_earner (11 Jul 2020)

Alkers86 said:


> Could you protest at one of their other developments which is on the market if they have any? A big sign explaining the issues might out off potential buyers?


That is an act of genius. Thanks for the tip. Although I would be careful about what you allege or they could have their lawyers all over you seeking damages for defamation, loss of business, etc.


----------

