Property Clinic

Your queries answered


QWe moved into a one-off new property in 2006, where the fire in the living room is gas fired. We would like to convert it back to solid fuel burning but are uncertain as to how to proceed. There is a chimney and flue in place but the fire grate itself is quite small. What type of professional do we contact? What are the ballpark costs involved?

A You have two choices to consider if the flue is suitable: the first is to reinstate as an open fireplace suitable for solid fuel burning. This is very inefficient with up to 80 per cent of the heat going up the chimney. But it looks great.

The second is to install a solid fuel burning stove. This is much more efficient with the stove fully within the room and a small flue exiting the rear and connected to the flue. Much more efficient but takes up some room.

Either way there are a number of issues to first check to see if the fireplace and flue are suitable:

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Some fireplaces were originally installed for use with gas fires only, the marble inserts and hearths were installed without expansion joints. Fireplaces installed for use with solid fuel must have heat expansion joints to allow for expansion and contraction.

Has the existing chimney a conventional flue in good condition and suitable for solid fuel? It may only be a stainless steel flue pipe suitable only for a gas appliance. A timber framed house may have a proprietary pre-cast flue system only suitable for a gas fire and not for solid fuel burning.

At a minimum the flue will require sweeping. It should also be 200mm in diameter. If a specific gas cowl is installed to the chimney terminal it must be removed as these types of cowls are prohibited for use with solid fuel burning.

Check the fire back and that it is adequately fitted and sealed. Check if the throat is adequate to ensure a draw. A minimum throat of 300mm wide by 100mm in depth is required under the building regulations.

Is there a hearth to the floor with a minimum 500mm projection? Is there a vent to the room? A vent is very important to avoid carbon monoxide poisoning even with an open fire.

The gas supply feed must be terminated safely and the pipe cut back to a safe level from the open fire. The gas supply must be isolated at source. A good brick layer will help with the installation.

Costs are relatively low – a couple of hundred euro if the flue and original opening is in good condition and suitable for an open fireplace, and up to approx €2,000 to install a solid fuel burning stove.

Pat McGovern is a chartered building surveyor

Q I have a house which is converted into six bedsits and I was recently served a notice by the Council to bring them in line with new housing standards. Can you advise me of what I need to do?

A From February 1st, 2009, new updated regulations governing standards for rental accommodation came into force. These regulations are called the Housing (Standards for Rented Houses) Regulations 2008 (SI 534/2008) as amended by the Housing (Standards for Rented Houses) Regulations 2009 (SI 462 of 2009). These regulations specify requirements in relation to a range of matters such as structural repair, absence of damp and rot, sanitary facilities, heating, ventilation, light, fire safety, refuse and safety of gas and electrical supply.

As a landlord you have a legal obligation to ensure that your rented properties comply with these regulations. Responsibility for the enforcement of the regulations rests with the relevant Local Authority. In this case the Authority has written to you advising that works are required to your property to bring it into line with the regulations. You mention that you have six bedsits. This causes a particular issue as there is a requirement within the regulations, which was initially deferred but came into effect on February 1st, 2013, that each dwelling or flat must have its own toilet accommodation “within the dwelling”.

As a result sanitary facilities cannot be shared between different rental units. This generally means that alterations will be required to your property to make it comply. I strongly recommend that you seek the advice of a building professional such as a chartered building surveyor or architect who will guide you through the regulations and the extent of works needed to bring the properties into compliance. Depending on the extent of remodelling required, the alterations may require planning permission, particularly if your property is a protected structure. You may also need to obtain a fire safety certificate and a disabled accessibility certificate. Your building professional will be able to guide you through the process of making these applications.

The Department of Environment, Heritage and Local Government has published guidelines for Local Authorities regarding the regulations and this is a good reference document that can be downloaded from the department’s website at www.environ.ie.

Noel Larkin is a chartered building surveyor and member of the SCSI

Q I rent an apartment and the electronic fob for the car park stopped working recently. I phoned the management company who said it would cost €90 to replace. I then phoned the landlord and she told me it was up to me to pay for a new one since it was working when they gave it to me. Surely this isn’t fair – is it really up to me to pay for it?

A There is no legal standing on this query so in essence it falls under best practice. It is important at the outset to agree in advance with your landlord who is responsible for replacement keys, fobs car park zappers, etc in the event that they fail or get damaged. When questions like this arise after the event happens, it always leads to uncertainty for both parties. Many landlords take deposits from tenants to cover lost or broken fobs and you should check your lease agreement to see if there is a provision for instances like this.

In your question you state that the “electronic fob for the car park stopped working”. The first thing to establish is why the fob stopped. If it was because the fob had been damaged because of the tenant’s misuse then I feel the tenant should replace it. If the fob stopped working because it was faulty and this can be proven then perhaps the provider should be contacted by the managing agent to seek a free replacement. If the fob stopped working through normal wear and tear then there may be a case that it is up to the landlord to replace it as it may be considered part and parcel of the workings of the apartment and overall access to the property you are renting. You should also check the battery – it sounds like an obvious thing but this can be a common occurrence.

Without this level of detail it is hard to advise but without an agreement with your landlord in advance of the letting or a clear explanation as to why the fob stopped working it is 50-50 as to whether the landlord or tenant should replace the fob. My advice is to see if you can ascertain the reason why it stopped working and then discuss the issue with the landlord.


Fergal Hopkins is a member of the SCSI, scsi.ie

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