QWe placed a bid on a property after being assured by the estate agent that the sellers had consent to sale, which was accepted. The vendor's solicitor says "Consent to Sale" is not yet granted, but the owners claim it is. Can you clarify the "consent to sale" process for us? Our questions are;
1. How long does it take for consent to be granted (we have heard horror stories up to a year or more!)?
2. Is there anything to stop us from sending a letter to the sellers bank (in case it's a "pretend sale") asking if it is an administration hold up?
3. Do the vendors bank send a valuer before consent is issued?
4. Can we claim the costs from the vendor (as we have the "consent to sale granted" in writing from the agent)?
We have heard that we are the third "sale agreed" on this property, and the vendors are happy for us to walk away. We recognise that buying a property is a financial not emotional decision, but some of our frustration stems from the fact we have spent €600 on getting inspections done.
AYour problem is not unusual. The normal vendor/agent/purchaser relationship is often skewed in today’s market by the involvement of a receiver or, more often, a bank whose consent is required to sell a house with negative equity, mortgage arrears or similar problems.
Most agents will report very frustrating series of correspondence with banks and their representatives regarding consent to sale. The commercial market is more seriously affected than the residential market. Agents generally agree that sales are more difficult to close when receivers and banks are involved. The agent in your case may well have been told by both the vendor and the vendor’s bank that consent had been granted only to discover weeks later that another level of bureaucracy in the bank had refused consent.
The sharp increase in residential values in Dublin over the last year has resulted in some consent decisions being overtaken by the market – what was a good decision for the bank in September may well not look such a good one now! There is nothing to stop you contacting the vendor’s bank. They will almost certainly refuse to discuss the matter with you but it is interesting how a chain of email correspondence can sometimes get the ball rolling, particularly if it appears that that bank’s slow response time is costing you or, more importantly, the vendor (their customer) money.
It would be unusual for an agent to confirm consent to sale in writing without some form of disclaimer, particularly in a case where two sales have already fallen through because of issues with consent. Rather than focus on recouping the €600, if you want the house you could engage an experienced chartered surveyor to negotiate the acquisition on your behalf. He or she will have experience dealing with bankers and will provide you with an improved chance of securing the house.
Simon Stokes is chair of the residential property professional group of the Society of Chartered Surveyors Ireland, scsi.ie
QMy husband and I would like to build a two-storey extension onto the back of our home. We have realised that the boundary wall we share with our neighbours on one side is not actually constructed on the boundary line and instead encloses some of our property in their garden. We have read during our research that we must leave a 2m distance from any party boundary. Seeing as the wall is closer to us than it should be, do we still have to leave this much space? We have discussed knocking and replacing the wall in the correct place with our neighbours but they are hostile to the idea. Can you please advise us on our best course of action?
AYour best course of action is to discuss the boundary issue with your architect, and ask him/her to show both the legal boundary line and the wall, in addition to an explanation, on the site plan and relevant drawings with the planning application for the proposed extension. At a pre-planning discussion your architect should discuss this issue and the 2m requirement. It is then a matter for the planning officer to take it into consideration in the planning process. It is more likely that the wall will be considered to be the effective boundary.
Without your neighbours co-operation you have limited options in relation to the boundary. You do not indicate what distance the existing wall is offset from the legal boundary or the period of time it is in place. The legal boundary is determined by the deed map which I presume you have inspected.
However, if the wall is in place for more than 12 years your neighbour may be able to claim adverse possession. If you decide on litigation, the outcome of the court’s decision would be difficult to predict, irrespective of the length of time the wall is in place. If the wall has been accepted as the boundary for some time, the court may determine that it should remain as such.
Maintaining a good relationship with your neighbour should be a primary consideration. It may therefore be best if you considered leaving the boundary as it is rather than get involved in a process which is likely to be contentious, costly, drawn out, and have an uncertain outcome.
In relation to the 2m, there is no such requirement solely due to it being a party wall. You do not say if your research indicated it related to a restriction such as a wayleave, overlooking, or some other easement. You may find from the pre-planning discussions that there is no requirement or a much lesser requirement. If necessary, your architect’s expertise will produce a design proposal which, by mitigating the impact on your neighbours, will minimise any distance requirement.
Patrick Shine is a Chartered Geomatics Surveyor, a Chartered Civil Engineer and a member of SCSI
Q We live in a 1930's ex-council house and are considering getting the cavity walls insulated. We are unsure what the best type of insulation to use is. I've heard that sprayfoam insulation can lead to problems such as dampness and mould and that eco bead insulation is better. Can you please advise us as to what the best form of insulation to use is?
A I cannot really compare between different cavity fill products. In the early days retro blown fibre insulation was used by many Local Authorities in the UK sometimes installed by a variety of trades which led to issues primarily from poor continuity of the fill material. All type of fills were known to give occasional trouble at small voids around wall ties and mortar projecting and bridging into the cavity, providing a route for moisture to reach the inner leaf.
Most of these problems were associated with facing brickwork. Capillary action coupled with gravity and air pressure differentials will permit water to be drawn into the building fabric. In brickwork this can occur at shrinkage of mortar joints and particularly at solider (vertical) courses due to difficulty in applying mortar to the side face of a brick. Porous bricks will also absorb moisture which will enter the cavity in thin wall construction. For these reasons brickwork cavity walls should incorporate weepholes at openings and above ground dpc level to allow moisture to exit the cavity.
Systems and knowledge have improved and the work is currently grant aided by the Sustainable Energy Authority Ireland (SEAI) where trained sub-contractors should be employed to avail of grants. SEAI recommend using a certified system with an Irish Agrément Board Certificate where the product has been tested to NSAI standards, or a system certified by the British Board of Agrément. Their website also warns against cavity fill in "highly exposed rainy regions of the country".
SEAI guidance can be found at www.seai.ie/betterenergyhomes. Also contractors’ should have knowledge of BS 8208-1:1985 for suitability of traditional cavity wall construction for filling with thermal insulants, along with the new standard SR 54: 2014 for energy efficient retrofit of dwellings.
Jim Drew is a Chartered Building Surveyor and a member of the Society of Chartered Surveyors Ireland www.scsi.ie
