Your questions answered
What can we do about neighbour's extension?
Q We live in a 1980s semi. Our neighbours have built a single storey extension at the back of their house - they originally wanted to knock down and use the party wall for the extension but we said no. The extension is nearly complete and is so close to the party wall that when they put the gutter on, it'll overhang the party wall, maybe even lean over into our garden. What can we do?
AWhile your neighbour's extension may be exempt from planning permission that does not mean it does not have to follow the general planning guidelines. Under the Planning and Development Regulations, 2001: "Any above ground floor extension shall be a distance of not less than two metres from any party boundary." Basically, their extension should not physically encroach on your property and if it is over your wall - or your side of the party wall - then it is encroaching and you can ask them to work out another solution to their guttering. This should be technically possible, like building up the wall installing internal guttering. If you don't feel up to having that conversation, complain in writing to the Planning Department of your local authority, stating the problem, with photos if possible to explain the situation. It is its job to ensure that all development adheres to planning guidelines. It should inspect our neighbour's extension and take it from there, requesting that they make the relevant changes. You could also go straight to the "solicitor's letter" route but this is expensive and guaranteed to cause instant acrimony.
Management company is not responding
Q I purchased a one-bed apartment in Sandyford in June and paid a year's worth of management fees (€1,500) for the six months of 2008. I have received no receipt or acknowledgement that I have six months credit for 2009. From talking to other neighbours I realise I am far from being alone. Some moved in 18 months ago, paid their management fees upfront but have received no receipts for 2007 and no bills for 2008. We have received no correspondence from the management company and no AGM has been held to discuss the accounts, etc. and they have been in place for over a year now. Are there time limits that can be enforced for issuing of documentation? What options or advice is available to very unhappy residents?
AWe contacted the National Consumer Agency for advice on your query and it says that while it is best practice for management companies to provide receipts for service charge payment to owners, under current legislation most service providers are not obliged to provide a receipt to the consumer. However, cheque stubs, credit card statements and bank statements are also accepted as proof of purchase. Responsibility for the setting and collection of service charges lies with your management company.
The lease contract you signed to purchase your apartment will set out the terms and conditions with regard to your membership of the company and your obligations with regard to paying a service charge, so have a look at that.
In general, apartment owners become members of the management company upon purchase and members have certain rights under company law. All companies, except single member companies, must in each year hold an annual general meeting (AGM) and not more than 15 months should elapse between AGMs. For details of the duties and obligations of a management company and its members look at the national consumer agency's excellent property website, www.consumerproperty.ie.
Your questions
Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie. Unfortunately it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.
