# CoCo Inspections of all Rented Properties: S.I. No. 534 - Landlords Obligations?



## twofor1

http://www.irishstatutebook.ie/2009/en/si/0462.html 
*S.I. No. 462/2009 — Housing (Standards For Rented Houses)(Amendment) Regulations 2009*

http://www.irishstatutebook.ie/2010/en/si/0357.html
*S.I. No. 357/2010 — Housing (Rent Books) (Amendment) Regulations 2010.
*

Got a letter recently from Louth County Council advising me the above regulations are in force and reminding me of Landlords obligations to meet certain standards under a number of headings;

Structural Condition
Sanitary Facilities
Heating facilities
Food preparation, storage and laundry
Ventilation
Lighting
Fire safety
Refuse facilities
Electricity and gas

They have commenced an inspection programme and intend to visit all properties over the coming months to ensure these standards are met along with Rent Book Regulations.

I would welcome any inspection.

I would hope any shortcomings found would be rigorously followed up on, but I suspect a lot of non compliant properties are not registered with the PRTB which presumably is where they got my details from, and as such the Councils will not be aware of their existence to carry out these inspections. 

Have Landlords from other County Councils received this letter ? 

Hopefully it is nationwide.


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## niceoneted

They may also get details from those that are in receipt of rent allowance. These places may not be registered either.


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## pixiebean22

I had a visit from a health and safety person from DCC in June (in a place i used to rent).  The woman had nearly two a4 pages of stuff wrong with the place when she left and i think 20/30 photos.  All of which was reported back to the landlord and he was told to make the necessary repairs within a specified time period.  He never made the repairs and the house has been rented out again since then.


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## Marietta

niceoneted said:


> They may also get details from those that are in receipt of rent allowance. These places may not be registered either.


 

That is correct, all people claiming rent allowance must submit the landlord's details. 

 I think it is a great idea that inspections are being carried out, most landlords are fine but it is the unscrupulous ones that will be weeded out through this initiative.


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## z107

This is interesting.
Is there any plans for these inspectors to visit private residences not being rented out?


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## twofor1

Marietta said:


> That is correct, all people claiming rent allowance must submit the landlord's details.


 
Some have other reasons why they do not accept rent allowance, but I wonder how many of the ads with ‘’Rent Allowance Not Accepted’’ on Daft can simply be attributed to Landlords who do not wish to be brought to the attention of Revenue, PRTB and now County Councils.


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## Yorrick

Any chance Louth County Council would examine their own properties first to make sure that they are in compliance with regulations ?


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## AlbacoreA

I'm guessing most that are registered with PRTB  are not unscrupulous landlords.


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## Complainer

twofor1 said:


> Some have other reasons why they do not accept rent allowance, but I wonder how many of the ads with ‘’Rent Allowance Not Accepted’’ on Daft can simply be attributed to Landlords who do not wish to be brought to the attention of Revenue, PRTB and now County Councils.


It would be a foolish landlord who would assume that the tenant is not going to claim the rental tax allowance and give the landlord's details to Revenue


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## Eithneangela

I'm registered with PRTB, but feel that if I have to carry out a BER on the house I might come in for some hefty costs.  Is this part of the County Council check?


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## AlbacoreA

You have to do the test. You don't have to do anything else. I've yet to be asked about it.


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## twofor1

I can only guess that many cash tenants do not claim this allowance or if they do, revenue does not connect it to this evasive landlord.

I personally know one Landlord whose properties would fail any inspection on numerous grounds, who insists on collecting cash weekly, never heard of the PRTB, does not give rent books, receipts, his details, nothing.

If you want you can stay and pay cash weekly, if you don’t like it, you can leave.

He generally has a good relationship with his tenants, and on occasion’s even drinks with them.

To date anyway, after many years its still business as usual.

I believe there are many such Landlords and for their own reasons there are also many agreeable cash tenants.


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## Complainer

twofor1 said:


> If you want you can stay and pay cash weekly, if you don’t like it, you can leave.
> ]



Tenants can claim the tax relief after they've left that accommodation, so they have nothing to lose. I'm sure there are some tenants who won't, but it would be a foolish landlords who assumes that NO tenant will ever claim the relief.


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## twofor1

I’m not disagreeing with you,

Some will claim, but will revenue connected it with an evasive landlord.

Could he just declare a portion of his rental income, I suspect he only accepts cash for a reason.

Can a cash tenant claim this relief without having receipts rent book etc ?

In the case I have outlined anyway, this evasive Landlord is still getting away with it.


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## Hans

As a landlord with very good relationship with my tenant 'she only has to ask and she gets' I got one of these letters from Limerick Co. Co. to say they have visited my apartment and said I had to provide a fire blanket and window latch was a bit loose - no problem - but I feel it is a waste of money someone is employed to do this I have no problem if they make themselves available to tenants who have a problem and landlord wont address it but he was more of a hassle to my tenant making herself available to be there for him and for me to enter to do a job she didn't want done. Is it a case another job for the boys!! I am often amazed to hear tenants giving out about the conditions they have to live in surely in todays market nobody has to put up with that and you now are the Ruler I am so glad to get a good tenant I will make sure they are happy.


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## AlbacoreA

Its a waste of money for someone to point out they need a fire blanket?


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## pixiebean22

Hans said:


> As a landlord with very good relationship with my tenant 'she only has to ask and she gets' I got one of these letters from Limerick Co. Co. to say they have visited my apartment and said I had to provide a fire blanket and window latch was a bit loose - no problem - but I feel it is a waste of money someone is employed to do this I have no problem if they make themselves available to tenants who have a problem and landlord wont address it but he was more of a hassle to my tenant making herself available to be there for him and for me to enter to do a job she didn't want done. Is it a case another job for the boys!! I am often amazed to hear tenants giving out about the conditions they have to live in surely in todays market nobody has to put up with that and you now are the Ruler I am so glad to get a good tenant I will make sure they are happy.


 
If a fire happened in the property (obviously a fire small enough to be dealt with with a fire blanket) and there was damage done to the property I'm sure you'd be singing a different tune.

It is a landlord's obligation to provide fire safety equipment.  End of.


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## murphaph

pixiebean22 said:


> It is a landlord's obligation to provide fire safety equipment.



Is it? What are the rules?

(I provide smoke alarms (x2), a fire extinguisher and blanket, but not because of any rules, just common sense).


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## pixiebean22

I don't have the text on it but a place I lived in two years ago had a section in the lease dedicated to the landlord's legal responsibility to provide fire safety equipment.

Also, when a rep from dcc called to a house I lived in earlier this year to do an inspection, one of the things she commented on was the lack of any fire safety equipment and the landlord's legal responsibility to provide same, she specifically mentioned that smoke alarms and a fire blanket were compulsory.


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## z107

> If a fire happened in the property (obviously a fire small enough to be dealt with with a fire blanket) and there was damage done to the property I'm sure you'd be singing a different tune.
> 
> It is a landlord's obligation to provide fire safety equipment. End of.


How many private residences (not rented out) have a fire blanket?
Are these government inspectors going to visit every home in the country?


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## Mel

murphaph said:


> Is it? What are the rules?
> 
> (I provide smoke alarms (x2), a fire extinguisher and blanket, but not because of any rules, just common sense).


 
http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,19142,en.pdf 
Section 11/ Page 7

It sounds like you are in compliance.


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## marti18

if you rent out a dwelling to a person you must comply totally with fire regulations PERIOD.

there are rules out there and TBH you will find out the hard way if your dwelling has a fire and the FB call out the chief fire officer to inspect.

trust me i have witnessed this over faulty fire alarm and within 1week the dwelling was shut down until brought up to current firesafety specs!!


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## moonman

a friend of mine has got a letter from sth dublin co co, re the inspection he is baffled as to how they have his home address as he lives in a different co co area. the new tenant does not have his address and he recieved the co co letter before he contacted the ptrb.he had a tenent before but there was a gap of 4 months possibly the previous tenent has his home address.


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## oldnick

Does anyone know as a matter of interest whether council tenants  must be provided with fire blankets etc. That is, does a council have to adhere to the same standards as a private landlord ?

I also wonder how many people who own their own properties have fire blankets.

Fire blankets are a good idea -it's just annoying to require  private landlords to have them rather than make it a legal requirement for every dwelling in the state. Why the diffference in treatment ?


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## delgirl

Does anyone know if the County Council Inspectors have the right to enter a property without first contacting the owner / landlord? My tenant let them in after they told him they had been in contact with me and I had given my permission, which is not true!

Just received a letter today stating that they have inspected my property and I am in contravention of the Housing Regulations Act 2008 2009 for extremely trivial reasons such as the extractor fan in the kitchen has a filter and is not piped to outside, the extractor fans in the bathrooms must have a 15 minute overrun and need to be piped externally.

What a waste of taxpayers money!


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## ajapale

delgirl said:


> What a waste of taxpayers money!



Maybe, but its the law.

S.I. No. 534 of 2008 HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008 pdf file.


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## AlbacoreA

delgirl said:


> ...r extremely trivial reasons such as the extractor fan in the kitchen has a filter and is not piped to outside, the extractor fans in the bathrooms must have a 15 minute overrun and need to be piped externally...



Out of curiosity? How do they work at all if they are not piped to if not outside? Where do they pump the air too?


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## delgirl

AlbacoreA said:


> Out of curiosity? How do they work at all if they are not piped to if not outside? Where do they pump the air too?


The extractor in the kitchen is a ventless extractor with a carbon filter which doesn't need to be piped outside.

The extractors in the bathrooms are vented to the eaves in the attic - looks like they'd prefer a hole in the wall!


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## delgirl

ajapale said:


> Maybe, but its the law.
> 
> S.I. No. 534 of 2008 HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008 pdf file.


I'm well aware of the housing regs ajapale, I'm just incensed that they entered my property without notification or permission.


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## AlbacoreA

I know nothing of the regulations, but I assume (perhaps incorrectly) the carbon filter removes smells and some grease but not moisture? So where does the moisture go, in both situations? I assume the problem for the regulations is this bit...



> Adequate ventilation shall be provided for the removal of water vapour
> from kitchens and bathrooms


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## AlbacoreA

delgirl said:


> I'm well aware of the housing regs ajapale, I'm just incensed that they entered my property without notification or permission.



If its rented, do they need your permission?


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## delgirl

That's what I'm trying to find out. I've found [broken link removed] on Dun Laoghaire Rathdown Co Co's website that they contact landlords or agents to arrange the inspection. I would have been much happier with this. I have nothing to hide and am totally compliant with PRTB, household charge, etc., but would just like to know if someone wants to inspect my property.

They told my tenant that they had contacted me, gave him my name, and said that I had given permission for the inspection. This is absolutely not true, the first I knew about it was today when the letter arrived.

It would also make more sense if they made an appointment with me, the owner / landlord, to inspect the property so that the landlord could see for themselves what the supposed breaches are and could take the necessary action.

For example, they have asked in their letter for proof of when the chimney was last cleaned. If they had made an arrangement to meet me at the house, I could have brought the receipt to show them it had been cleaned in March this year.

Here's more detailed information about the housing regs for anyone who's interested.

I have told my tenant not to let anyone into the house unless he is aware in advance of who they are. There are so many thieves claiming to be from the council, water board, etc. trying to get into people's homes.


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## AlbacoreA

Well you know now. 

Its very discourteous not to tell you, or the tenant not to tell you. But I dunno if its illegal. I'd be annoyed myself. 

Personally I think you are going to cause yourself more work, in repairs hassle in he long run, if the rooms are not ventilated to the outside.


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## Guns N Roses

Eithneangela said:


> I'm registered with PRTB, but feel that if I have to carry out a BER on the house I might come in for some hefty costs. Is this part of the County Council check?


 
No. County Council's are not checking whether the property has a BER.


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## oldnick

Delgirl -Thanks for useful pointing out of the fuller dteails of this Act. Just read thru it. Talk about the Nanny state !

As regards fire extinguishers.  Absolutely useless and potentially very dangerous unless people know how to use them, which type to use, size of fire etc and many factors which ,if ignored, make using a f. extinguisher more dangerous than not using.

My advice to tenants if there's a fire is - forget the extinguishers and get out quickly. If possible close doors -(mine are supposedly "fire-proof").

Sorry for rant folks-  but maybe it's worth LLs and tenants reading a bit more about the dangers of -and how to avoid them - of f.extinguishers.


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## Guns N Roses

delgirl said:


> The extractor in the kitchen is a ventless extractor with a carbon filter which doesn't need to be piped outside.


 
This type of extractor does not comply with the Regulations.



delgirl said:


> The extractors in the bathrooms are vented to the eaves in the attic - looks like they'd prefer a hole in the wall!


 
The Regulations state that bathrooms must be vented to external air. Venting to the eaves of the attic meets this requirement.


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## murphaph

What if the bathroom has an open-able window?


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## AlbacoreA

Guns N Roses said:


> ...The Regulations state that bathrooms must be vented to external air. Venting to the eaves of the attic meets this requirement.



Would it not cause problems of damp/condensation in the attic. You're venting to the back of the plasterboard of the ceilings, which aren't painted or protected other than the insulation.


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## fear peile

pixiebean22 said:


> I don't have the text on it but a place I lived in two years ago had a section in the lease dedicated to the landlord's legal responsibility to provide fire safety equipment.
> 
> Also, when a rep from dcc called to a house I lived in earlier this year to do an inspection, one of the things she commented on was the lack of any fire safety equipment and the landlord's legal responsibility to provide same, she specifically mentioned that smoke alarms and a fire blanket were compulsory.


 
I recall inspections where tenants had batteries taken out of smoke alarms provided by the landlord, obviously they were a nuisance to them for their cigarette smoke !!!!


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## oldnick

murphaph - you ask what if the bathroom has an openable window.
According to the ACT 9(3) Ventilation
"_adequate ventilation shall be provided for the removal of water vapour from kitchens and bathrooms"_

It would seem obvious that an open window would be suitable.  However, the so-called "guidelines" state that there must be mechanical vents etc.

So, which is correct ?

An open window would seem to the reasonable person to be "adequate ventilation". The guidelines are not law, and in some cases appear to complicate matters.

The trouble is - does one wish to argue with some petty offical quoting from the "guidelines" ?

I think in the case of a bathroom window I would argue. It's bonkers to add extra mechanical ventilation when one has fresh air froma natural free source.


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## AlbacoreA

Its got nothing to do with these regulation. 

But I could see where you might have an extractor that is one way (extracts only) installed vs leaving a windows open. To stop draughts, and for security of leaving a window open.


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## delgirl

Guns N Roses said:


> This type of extractor does not comply with the Regulations.
> 
> The Regulations state that bathrooms must be vented to external air. Venting to the eaves of the attic meets this requirement.


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.


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## facetious

murphaph said:


> Is it? What are the rules?
> 
> (I provide smoke alarms (x2), a fire extinguisher and blanket, but not because of any rules, just common sense).



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.


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## facetious

Eithneangela said:


> I'm registered with PRTB, but feel that if I have to carry out a BER on the house I might come in for some hefty costs.  Is this part of the County Council check?



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.


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## Guns N Roses

facetious said:


> 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.



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.


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## delgirl

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?


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## AlbacoreA

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.


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## facetious

Guns N Roses said:


> 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.



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.


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## Dermot

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.


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## Guns N Roses

delgirl said:


> "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.


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## Guns N Roses

delgirl said:


> 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?



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/Legislatio...g/BuildingStandards/FileDownLoad,29908,en.pdf


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## AlbacoreA

I know someone who was getting new windows recently and the design of the windows couldn't be matched to the existing windows because the opening part was too small for the regulations.


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## delgirl

Guns N Roses said:


> 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 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.



Guns N Roses said:


> 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.


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.



Guns N Roses said:


> 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.


I think this covers the Co Co that I, as the owner, have to comply with the regs when required to do so.



Guns N Roses said:


> 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.


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.


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## Guns N Roses

delgirl said:


> 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.



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)."


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## delgirl

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.


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## Superman

fear peile said:


> I recall inspections where tenants had batteries taken out of smoke alarms provided by the landlord, obviously they were a nuisance to them for their cigarette smoke !!!!


Battery powered smoke alarms [except permanent 10 year smoke alarms] do not meet the regulations.


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## Guns N Roses

Superman said:


> Battery powered smoke alarms [except permanent 10 year smoke alarms] do not meet the regulations.


 
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.


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## murphaph

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.


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## AlbacoreA

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.


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## murphaph

AlbacoreA said:


> 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.


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