# What are the county council repsonsibilites if there is no bond for an estate?



## lantus (11 Mar 2012)

What are the county council repsonsibilites if there is no bond for an estate?

They accepted an insurance note instead of cash (even when the planning docs required cash) and the note has expired. Th builder has gone into receivership.

The taking in charge process has started and they are going to split the cash bond from another estate down the road between them and us. The bond wont adequately cover the work required.

Are the coc required to foot the bill? Or can they just walk away?


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## serotoninsid (11 Mar 2012)

Unfortunately, I can't contribute directly towards your query other than to say that you have gotten a step further than in my case.  I (and other residents) have been in contact with the Co.Co. - and they have yet to confirm if there is a bond and  if so, how much it is!

Will be watching this thread with interest....


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## One (12 Mar 2012)

Before I give advice over the internet, let me just begin by saying that the internet isn't the best place for advice because of an absence of details. That said...... I have been through this whole process. It formed a significant part of my life for 18 months and we successfully got our estate finished. 

You ask "are the coc required to foot the bill?" No, unfortunately not. And I know that seems unfair. The law as I understand it is as follows. 

The council has a discretion in relation to the value of the bond, and they have a discretion in accepting an insurance note or not. They are only in the wrong if they have been negligent. But look at it from their side. When a builder starts a housing estate, the council don't know how much to ask for. What if a builder is building an estate with 20 houses? Do they ask for a bond of €10,000 in case he doesn't finish the foot paths? Do they ask for a bond of €20,000 in case he doesn't finish the foot paths and the street lights? Do they ask for a bond of €80,000 in case he doesn't finish the foot paths, the street lights and the roads? Do they ask for a bond of €500,000 in case he doesn't finish the foot paths, the street lights, the roads, the boundary walls, the supply of mains water and the entire sewage system? If they asked for that kind money upfront all the time they could potentially bring alot construction to a halt. So they pick a reasonable value for a bond and go with that. Most times the bond is enough. In your case it isn't. In my case it wasn't. We got an estimation of how much it would cost to finish the estate, learned how much the bond was and asked each houseowner to pay the rest. It wasn't fair! But it got results! 95% of people agreed to pay €2,000 each. That was years ago now, and with the benefit of hindsight they all think it was some of the best money they ever spent. But again, it wasn't fair, but it was the quickest easiest way of getting the estate finished.

The law society publishes material on conveyancing, for students studying to be solicitors. In one part of that material there is a reference by a judge stating in his opinion the council should pay to finish estates. But it wasn't something said in court, and that undermines the legal relevance of what he said. The law may be changed in this area in the future.


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## One (12 Mar 2012)

serotoninsid said:


> Unfortunately, I can't contribute directly towards your query other than to say that you have gotten a step further than in my case. I (and other residents) have been in contact with the Co.Co. - and they have yet to confirm if there is a bond and if so, how much it is!
> 
> Will be watching this thread with interest....


 
If you know the number of the planning permission, the year the estate was started or the name of the estate you can phone the council office, make an appointment and go and examine the planning file. They will let you see it no problem. If a bond was paid over the receipt will be photocopied into it. They are public records and you are entitled to see them. Alternatively, if you have the planning permisssion documents for your house, the value of the bond often is stated on those.


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## ajapale (12 Mar 2012)

Moved from  Askaboutlaw to  Planning.


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