Kilns, Portmarnock - no security gate on complex

A

anne1502

Guest
I have purchased an apartment in The Kilns, Portmarnock, 1 bed on ground floor. When I purchased the apartment, it was specified in the sale brochure the the complex would have security gates, one of the reasons why I felt secure about buying on ground floor level. It now appears that the developer has not applied for security gates in his planning application, I checked this with Fingal County Council this morning and no application has ever been made for security gates. I also contacted selling agent about this and I was informed that no planning application had been made by the developer for security gates, even though I was informed by the selling agent only last week that a planning application had been made, this to my mind is misleading information. They said that developer "may" install a security barrier at the entrance to the apartment complex but that this had not been finalised yet. The reason they say why there will be no security gates now is that the complex is too near the road and that it could cause traffic congestion with tenants coming / going from the complex with gates. I don't want to pull out of the sale of my apartment because I want to live in Portmarnock but I feel that I am not getting what was described in the brochure at the time I paid my deposit. I have also signed my contract. Do you think my Solicitor can argue this case or do I not have a leg to stand on???????? Anne.
 
Never ever ever believe anything that cannot be sued on!!! Caveat Emptor and all that.

The brochure you saw will be covered in disclaimers - no responsibility to lie with anyone for anything.

The only thing that matters will be your contract. If you were really concerned about the gates, you should have looked at the planning papers that came with the Contracts or, perhaps, even trekked into the Planning Office to check the position.

I think all your solicitor can do is (a) try and get you out of the contract but you don't want that or (b) ask formally that the builder honours the brochure. Perhaps if enough purchasers are unhappy......

Otherwise, if you do proceed, then in the next few years you and your neighbours should collectively see about installing security gates/ barriers.

mf
 
Install an alarm or Eircom phone watch.

I'd hate to be living very close to security gates if I was near the front of the complex...you would be looking out your windows at a large gate...a prison like environment.

Now if the gate was well away from the building and there was nice grounds it may be different. Or if you were to the back of the complex either.
 
Hi


This kind of thing seems to be par for the course. An apt i purchased had a large balcony in the sales info, but when i went to sign the contract , it was half the size in the documents.
 
I have also bought an apt in the Kilns.

I drove by the site on Sat 14th Jan and there are 4 big (Granite?) pillars in place that I presumed upon seeing, is where the gates would be put in.
My friend bought in the complex just down the road (I think it's called Seabrook?) and their security gates weren't put in place for about a year so it could be just on the long finger?
 
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