What can I do about cockerel’s 4am call?
Q I live in a south-east Dublin suburb surrounded by back gardens. On one side we have geese and hens and on the other we have a dozen hens and two cockerels. During the summer we have problems with flies and rodents. To sort this out, I was advised by the local authority to get the environmental officer out, which we did, who instructed the owners to clean up. This now has to be done twice yearly. The early morning wake up call is at 4am. I was informed by the authority I could go to the district court and bring my neighbour along and have it out in front of the court? Is this really the only solution I have in 2009? Your help would be greatly appreciated!
A This is the flipside to all those stories we hear about urban farming being the last word in cool! You have done what we would have advised: contacted your local authority and its response is comprehensive. We contacted the Department of the Environment who also said that talking to the local authority is the way to go. It did suggest that there may be planning issues if there are structures to house the animals. Twelve hens is a lot of birds in a suburban garden. What do they do with the eggs – 12 eggs a day is a lot for one family! Is it a commercial enterprise? If so, there are definitely planning issues. If the hens’ foodstuff is stored properly and the food is not left lying around there shouldn’t be vermin. Are the birds well kept? Is there an animal welfare issue, and might you look for advice from your local ISPCA?
Try to think of all the angles but don’t be afraid to go to the district court. It’s hard to see a judge being unsympathetic to you, especially as you have taken official steps through the local authority. Normally this column advises neighbours to stay away from the law for as long as possible as it causes such bad feeling, but it’s safe to assume at this stage that all neighbourliness has long broken down. I assume each time the cock crows you have your neighbour on speed dial to make sure he’s up too. Why should you be awake and not him?
What are time limits on capital gains tax?
Q I have recently married and moved into my husband’s house. I am not keen to sell my own house given the state of the market in Dublin. Is there a time period within which a former principal residence can be sold without incurring capital gains tax? The house is currently ‘loaned’ to friends at well-below commercial rent.
A You are given one year’s grace (“a deemed period of occupation“) after the house ceases to be your principal private residence (PPR). After that you must pay CGT for the years that the house is a rental/investment/non-PPR property. (There are some exceptions, contact your local Revenue office). The “loan” part is worrying. If rent is being paid, it’s not a loan and you should be declaring it in your tax returns, and inform your lender and home insurer of the change in status of the property from PPR to investment. Different rates usually apply. Contact the Private Residential Tenancies Board with a view to registration too.
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. This column is a readers’ service and is not intended to replace professional advice.
