Q I live in a former corporation three-bedroom house built in the 1960s in Finglas. In the front bedroom there is a built-in wardrobe which opens into the bedroom.
A crack has developed at the bottom right corner of this wardrobe. More recently, a further crack has developed at the top left of this wardrobe. I can also see a crack on the wall when I'm going up the stairs which would seem to be the reverse of the higher crack at the wardrobe.
I have noticed that the skirting board has also moved slightly away from the wall, and this is noticeable in the skirting board elsewhere in this room, but not elsewhere in the house.
I’m guessing that these cracks and the movement of the skirting boards is due to some movement within the house structure.
Two years ago, I had a wall taken down to enlarge the kitchen at the back of the house. There has always been a slight distance at the skirting boards in this room since I bought the house 10 years ago, but the gaps seem to have become larger.
What advice can you offer me to resolve this issue?
A Based on the photographs provided, the cracking would appear to be the result of settlement and appears somewhat historic in nature as most old buildings have some cracking within them. Based on the thickness, I believe the cracking would be officially classified as “slight”. The appropriate method of repair during normal decoration is to rake out and fill with suitable filler.
Settlement cracking can occur for a number of reasons including overloading of the structure, or load changes to elements of the structure. Temperature changes and damp ingress can also affect the performance of materials, which can result in expansion or contraction, resulting in movement cracking.
It is unlikely that this cracking is related to the taking down of what I assume was the rear wall of the house during the kitchen extension, again assuming the bedroom floor joists do not span on this rear wall. If they do span onto it, there may be slight settlement of the beam and, as a result, the floor joists resting on it, which could lead to settlement in the walls as described. This would have occurred very soon after completion of the construction works. This wall in your bedroom is also unlikely to be a load-bearing wall.
If the cracking is relatively recent, you need to look at any possible changes to the house or, indeed, next door:
Did you do any alteration works within the attic?
Was there a new heating system installed?
Is that wardrobe used as a hot press?
Did the neighbour do any works that might impact on the party wall?
During an inspection, a surveyor or engineer will collect evidence and assess the situation around the crack, including what is happening at ground level.
It goes without saying that any cracking should be continuously monitored over a period, particularly after repairs are executed. If there is a recurrence, it would be advisable to get a professional opinion.
Settlement of this nature is unlikely to be an insured peril under most standard home insurance policies, however, we recommend you review your specific insurance cover.
Pat McGovern is a chartered building surveyor and a member of the SCSI’s Building Surveying Professional Group
Concern over changes made by OMC directors
Q The directors of my owners' management committee have made a number of transgressions, the most serious of which include the termination of our management agent's contract, failing to provide proper notice prior to an AGM and amending the memorandum and articles of the OMC to include paragraphs relating to their remunerations and expenses.
I have reported the directors to numerous authorities. However, I felt that my complaints fell on deaf ears. I am considering reporting them to the PSRA next.
Is this a good idea? I am anxious to see that the directors do not get away with what they have done. Is there anything else I should do next?
A I note your endeavours and commend you for your efforts thus far. You should consider becoming a director of the owners’ management company so that you can exercise more control over the company and be best placed to affect change.
The PSRA has jurisdiction over licensed property service providers only. An individual providing a property service to a third party must be licensed. If the PSRA is aware of individual(s) providing a property service without a licence, they can only instruct the individual(s) to cease doing so.
You say that remuneration was paid to the directors and, as such, they would require a licence to provide a property service. If they do not hold a licence, the contract is void and the monies should be recoverable. I would bring your attention to the ultra vires rule in seeking damages from the directors in their activity.
You may wish to apply to the court with regard to Section 8 of the Companies Act 1963 and seek to have the monies recovered. This process will require a solicitor to guide you. I would recommend that before you appoint a solicitor they should provide you with references and client testimonials to prove their ability. I also note in your question that the directors provided you with only 10 days’ notice prior to the general meeting. Section 17(3) of the MUD Act 2011 requires that at least 21 days notice must be given to the members to hold a general meeting each year.
In the past, the movement was made by OMCs to take as much control away from the management agent as possible. With the new licensing and the available compensation fund as provided by the PSRA, I anticipate that OMCs will migrate back to granting more control over the OMC to the management agent. The office of director is a very complex position to hold and one should only consider it after fully informing oneself of the responsibilities. An agent can only do so much for a company, ultimately the directors of the OMC are responsible for the OMC.
Paul Huberman is a chartered surveyor and member of the SCSI's Property and Facilities Professional Group Got a query? 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
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
