Q I went 'sale agreed' in August 2014 and wish to close the sale before the end of the year as I hope to benefit from the CGT holiday after seven years' possession. Since then it has been impossible to get the required documents from the vendor's solicitor. My side cannot proceed without receipts for property taxes paid etc and an acceptable OS map. As there is no reason for this behaviour, is there anything that I can do to move things along? I now fear that this will drag into the new year and the sale will fall through.
A Unfortunately, your problem is far from unique. In fact, delays are becoming more common as many sales involve third parties such as banks and receivers.
If you are borrowing for this purchase, your bank will probably want its solicitor to review title also which can add another layer of delay.
Many of these delays are avoidable. Sometimes solicitors are waiting for vendors with varying levels of motivation to answer queries or to provide copies of receipts. It sometimes appears as though files end up sitting on someone’s desk with little or nothing happening.
If this is the case, making lots of noise can get matters moving. A direct chat with the vendor might work, as he or she may not know what is happening and may not understand the importance of the CGT exemption deadline.
It is a common complaint among vendors, buyers and their respective agents that once sales are agreed, the delays are unreasonable. To be fair to solicitors, though, they are often dealing with much less than all the required information. Sending letters over and back can be slow and frustrating.
A phone call or meeting would often achieve more. Keep the pressure on and set a deadline. Best of luck. Simon Stokes is a residential surveyor and chairman of the Society of Chartered Surveyors Ireland (SCSI) Residential Agency Professional Group
The right roof
Q Our kitchen has a small flat roof extension, which was probably constructed in the early to mid-1980s. The existing roof does not leak and is covered in felt and tar. We are about to refurbish the kitchen and would like to get more light into it by glazing some or all of this flat roof area. We are considering these options: inserting skylights into existing flat roof; removing existing flat roof and replacing with fully glazed sloping roof; and removing existing flat roof and replacing with part-glazed sloping roof. How likely are they to leak? How long should this sort of job take? Any advice would be much appreciated.
A Given the age of the existing roof construction (circa 30 years old) it probably would be better served to replace the existing roof rather than refurbish. A number of issues would be resolved immediately, such as a new finish to the roof, an upgrade to the insulation of the roof and, of course, the introduction of skylights/rooflights and/or glazing.
If a fully glazed roof is the preferred option, a number of factors must be considered. For example, if the kitchen has a predominantly southerly aspect, solar gain will be an issue. By its nature the core functions in a kitchen produce both heat and above-normal levels of moisture in the air.
These combined may lead to uncomfortable living conditions and excess levels of condensation. In order to make this work, ventilation (mechanical and passive) will be required. A glass roof also needs to be fit for purpose and must be designed accordingly. This will have financial implications.
Roofs are part of the building envelope covering the uppermost part of a building and primarily provide protection from weather, notably rain, but also heat, wind and sunlight. In the case of water, a roof is most efficient where greater falls or steeper pitches are employed, effectively taking water off the surface.
Ninety per cent of leaks or problems in new roofs are found where openings are made, penetrations occur or from poor workmanship. The prevention of leaks or problems will be greatly enhanced by the appointment of a competent contractor. Attention to detail and quality control during the build are essential. This will apply to any roof type chosen.
Similarly in selecting a roof finish care must be given to the material chosen. A metal (lead/zinc/copper) or a membrane system would probably suit this project best as they can be formed and sealed more easily around preformed openings (skylights/rooflights). Materials chosen must have guarantees and support from manufacturers. Again workmanship and attention to detail is key. Roof construction time with all the materials on site should not be longer than eight to 12 working days.
Ultimately the choice of roof in this project will be determined by the function, the aesthetic, choice of materials and cost.
Rob Patterson is a chartered building surveyor and a member of the SCSI’s Building Surveying Professional Group
Subsidence issue
Q Our conservatory was built approximately 10 years ago. The brick work on either side of the double doors is now showing subsidence. What should I do?
A As your conservatory was built 10 years ago, I assume it is a later addition to your property and did not form part of the original construction. As such, it is formed on its own foundation, separate to that of the main house.
The first requirement is to establish the exact cause of the cracking.The most common causes of cracking are heave, subsidence or settlement, all of which relate to soil movement.
Heave is upward movement of soil, usually due to additional water in an unsaturated, expansive soil. When water is added to soil, particularly soil with clay content, expansion occurs.
Subsidence involves the downward shift of a building’s foundations in line with ground movement and can be a shock/sudden movement associated with mining or landslip. In a residential setting, however, this is more usually associated with changes in the moisture content of the soil. The hallmark of subsidence is differential movement. This is where different parts of the building move at different rates. This movement is not caused by the weight of the building.
A number of factors contribute to heave and subsidence. Soil type is a key factor. Clay soil is particularly susceptible since it shrinks and swells according to its moisture content. Another factor is that vegetation and trees extract moisture from deep within the soil, causing shrinkage. The removal of mature trees can cause soil that was previously dry to swell up, creating an environment for heave.
Also, leaking or damaged drains can contribute towards subsidence. Drains leaking into sandy soil can cause soil erosion beneath a building’s foundations.
Settlement is similar to subsidence in that it is the downward movement of soil. However, settlement is a gradual process and relates to loading in excess of the bearing capacity of the soil. Differential movement is not usually a factor in cases of settlement, although buildings do sometimes settle in this way, particularly new additions to an existing building. In most cases, the damage is only cosmetic and readily repaired during routine maintenance.
Another consideration is that the blockwork contains higher than average levels of pyrite, a mineral found in stone. However, the detection of pyrite in blockwork is a fairly recent discovery, affecting newly constructed properties, primarily in north Leinster. If pyrite levels are too high, blockwork can become unstable over time resulting in cracking.
Subject to your home insurance policy, cover may be provided for loss or damage caused by heave or subsidence. Insurance normally covers the cost of repairing loss or damage due to the event and not the cost of preventing further heave or subsidence. Policies may vary so it is advised to consult your provider.
If you are concerned about movement or cracking in your home, I would recommend engaging the services of a chartered building surveyor to complete a thorough inspection and determine the extent of the problem. Andrew Ramsey is a chartered building surveyor and chartered project management surveyor and is chairperson of the Building Surveying Professional Group of the Society of Chartered Surveyors Ireland (SCSI)
Send your queries to propertyquestions@irishtimes.com or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2. This column is a readers’ service. Advice given is general and individual advice should always be sought
