As house owners, why should we have to pay management fees?

Q I bought a house 10 years ago and on the day we signed for our keys we were told we needed to sign up to an estate management fee of approximately €80 a year for lighting and road sweeping and cutting of the grass in common areas. But since then our yearly charges have trebled and the management company has brought in disc parking which has caused havoc as there are no visitor parking spots.

The two-bed houses only have one parking spot and the three-bed houses have two parking spots, but all houses pay the same service charge. I have raised this with the management company, to no avail. Nothing is ever improved upon, unless you live in the apartments, so we seem to be contributing to the cost of running the apartments and nothing else. Why do we have to pay management fees when we are house owners and not apartment owners? We have no green areas so there are no common areas that we can avail of to justify this fee.

A During the sales blitz of new properties in the boom years, it was not uncommon for a development to be presented as a great place to live with fantastic amenities and finished to a very high specification; by contrast the service charges applied were very low. The developer did not want to compete in the open market with lower prices for the properties but rather the cost of living, a matter that did not affect their profits and was an issue that would present itself long after they had sold all their interests, therefore, leaving the problem to be solved by someone else. Thus we are where we are.

One argument for the low service charges for year one was that most of the owners’ management company (OMC) services, fixtures and fittings, inclusive of mechanical and electrical, were under warrantee and would not require repair, replacement or maintenance.

For the avoidance of doubt and to ensure full transparency, I would be in favour of any new homes within an OMC coming with long-term projected costs in part for service charges by way of a building investment fund programme. This document, which is drafted by an independent chartered building surveyor, identifies everything within the development common areas and advises on the cost of replacement over say a 20-year life cycle. This document would then be the point of reference for an informed charge to be assigned to the sinking fund every year.

The apportionment of service charges is set out in the lease agreement binding the OMC and its members. The proposed service charges for the financial year soon to commence are presented to the members at a general meeting to be considered and agreed. In the event that the manner by which the apportionment of service charges is deemed not to be just or equitable, a member may take the matter up with a Circuit Court under Section 24 of the Multi-Unit Developments Act 2011. You should have a record of attempted dispute resolution or mediation for the Court prior to your application.

Paul Huberman is a member of the Society of Chartered Surveyors Ireland, scsi.ie

Dealing with damp

Q I live in a 1930s semi-detached house with single mass concrete external walls. I am experiencing significant dampness and consequent mould growth, particularly in winter, in some rooms. As a result of this, over time some of the plaster is detaching from the interior surfaces. While I understand the process that causes this, I am confused by the literature on insulation. I don't want to go for external wrap-around insulation as I am unhappy with the effect this has on the external appearance of the house and would prefer to find an internal solution. However, I read about the necessity to allow walls to breathe and I am not sure what if any internal insulation would be appropriate in my circumstances.

A There are many homes around the country built using similar construction methods. While they are usually structurally sound they sometimes perform poorly in comparison with modern standards. This is because when they were built there was little requirement to constantly heat the home, and a perhaps healthier open-air lifestyle was predominant.

Usually, these houses have a hard cement-based dash render outside to resist the weather, which won’t allow water vapour to pass easily, and perhaps provides the look you like? Condensation was not a factor of concern; ventilation consisted of an open hole through the wall to ensure air quality; windows were single glazed.

Modern lifestyle choices mean we have heated our homes, closed up vents and increased insulation in the attic. We also have bathrooms, showers and kitchens, all of which contribute to much greater quantities of water vapour inside a house than existed previously. The old render and new double glazing effectively act as containment for this vapour, which wants to revert back to water at colder places or dew points, often starting near the outside face inside the wall and gradually moving inwards during winter, to appear as the dampness and mould you describe.

The “outside to in” nature of condensation in a wall de-bonds the internal plaster, worsening as hygroscopic salts start to form behind the plaster. These salts in the structure absorb water vapour, causing crystals to grow with enough force to push off plaster, and can damage the walls themselves unless the cycle is stopped.

Wrapping your house in a warm “EWIS” envelope is certainly the very best way to alleviate your problem. The aesthetic of an old house can be very effectively replicated to maintain the appearance you like, using the huge choice of finishes and detailing available. However, the semi-detached nature of your property might prove problematic unless you can persuade your neighbour to bring both properties to modern standards of insulation.

Many internal insulation solutions existto meet current standards of comfort, however these are seldom completely satisfactory due to the difficulty in sealing a vapour barrier inside, and the considerable loss of floor space in the cheaper systems.

Even when applied in a new build, significant problems arise with insulated linings and so I don’t recommend them unless there really is no satisfactory alternative.

To help reduce dampness, you must also consider reducing water vapour by providing extraction from showers and kitchen. A mechanical heat recovery system works without throwing away so much valuable energy with that wet air. These systems maintain air quality in the house and some designs also provide heating to maintain a healthy living space.

I would advise you to seek expert professional advice.

Fergus Merriman is a member of the Society of Chartered Surveyors Ireland

Granny flat

Q In 1980 I built a two-bedroomed granny flat for my parents to the rear of my own house with its own water supply, power and so on. Entrance at that time was via my front gate, but about 10 years ago, due to a development adjacent to my house, I was able to get a separate entrance. The property is registered for LPT.

My question is, should I now get a separate folio number for this property and if so, how does one go about this?

A I assume that you built this granny flat on the property that is registered on your existing folio. Whether or not you want to retain both residences on the same folio, that is, in the same registered title, depends on your future plans for the flat. While it is considered to be a separate unit for LPT and other charges relating to residential units, it is not currently a separate property title.

You should consult your solicitor and advise him/her on your intentions for its future use. He/she will examine your title and determine, in addition to other matters, if there is any legal impediment to dividing the existing title. Then, if required, he/she will process the application.

However, prior to consulting your solicitor you should arrange to have a survey carried out to determine the following:

(a) The precise extent of the property you wish to separate from your own house and the “ownership” of the proposed dividing boundary wall/fence.

(b) The measurements necessary to prepare a Land Registry compliant map which would be required in the event of the registration of the new title. These measurements will also suffice to prepare deed maps to define the boundaries of both the new property, and the retained property.

(c) The location of any services, overhead or underground, which traverse the retained property to serve the new property. Such services may require rights of access or wayleaves for future maintenance if the new property is leased or sold. These would be registered as burdens on your existing folio.

If this survey is carried out and the information above is clearly set out on a drawing, your solicitor will be in a better position to give you informed advice.

Taking into account Land Registry fees and legal fees, unless there are valid reasons for separating it, I would suggest you consider leaving things as they are.

Patrick Shine is a a member of SCSI