10 steps to repairing your defective home under SI.9

by Bregs Blog admin team

10steps

In response to a number of queries from consumer readers to the blog regarding how to obtain redress for defects under the new building regulations, we list below a simple guide for homeowners, 10 sequential steps to remedy any defects, such as pyrite in blockwork, inadequate fire-proofing, leaky roofs, drainage problems under SI.9. Post written by Breg Blog Team on 6th July 2014.

Ten Steps to repairing your defective home under the new regulations:

1. Identify the problem. Pay for an independent professional report.

2. Find a solicitor. Pay for him to take the case.

3. Find out the name of the builder and certifiers from the Local Authority. Pay for this under Freedom of Information rules. You may need to wait for legal action to request all certificates from the Assigned Certifier as it is likely the local Authority will only have the main Ancillary Certifiers documentation on file.

4. Take a case against the builder, certifiers, designers and suppliers in the courts. Pay your legal team.

5. Take a complaint to Construction Industry Register Ireland (CIRI) against the builder. Pay for more independent reports. The builder may be sanctioned but you will not receive compensation.

6. Take a complaint to one/all of the professional bodies against the architect/ engineer/ surveyor. Pay for more independent reports. The professional may be sanctioned but you will not receive compensation.

7. Move out of your home because it is unsafe. Pay rent until the case is resolved.

8. Continue to pay your mortgage and home insurance, property tax and water charges. You may apply to your Local Authority to waive property tax on the defective property until matters are resolved (exemptions only applies to older pyrite problems).

9. Winning in court is not certain. You risk losing your court action if the builder winds up the development company or the professional has gone abroad (or bust) or because negligence can’t be proved. Pay your legal bills. If unsuccessful you may end up paying legal costs of others also.

10. Get the repairs done yourself. Pay for the work out of your own pocket.

This is a realistic guide- there are currently similar situations that homeowners find themselves in all over the country. A selection as follows-

  • In Wicklow Glending residents may sue the County Council – Independent.ie 19th February 2014 (click link here).
  • From Mayo video coverage here ‘Every room is just rotten’: Video shows how pyrite destroyed this woman’s home- click link here.
  • In Navan apartments evacuated over fire safety fears – RTÉ News (click link here).
  • In Aras na Cluaine, in Clondalkin, Dublin- Flat complex may be evacuated over fire safety – RTÉ News (7th February 2011- click link here)
  • And of course Moneymore, Drogheda from Independent on 21st June 2014: It’s demolition day as houses come tumbling down due to pyrite – See more at: demolition day as houses come tumbling down due to pyrite – Independent.ie (click link here)

Following step 10 you are then left to write to your local TDs, talk to Joe Duffy, start a social media campaign in your spare time, March on the Dáil, go to Europe…

Other posts of interest:

Legal perspective: consumer benefit? BC(A)R SI.9 – click link here

Summary of Legal Posts- BC(A)R SI.9 – click link here

How developers are “adapting” to the new Building Control regulations – click link here

Opinion: Are builders + developers off the hook with BCAR? – click link here

Press article: Government promotes developers over self-builders? – click link here

New Law Society Guidance Note on BC(A)R SI.9 – click link here

Practical Post Series 1-20 – click link here

Pyrite & SI.9- what happens now? – click link here

 

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