Apartment block has extra apartment built with no planning permission

Discussion in 'Management companies, apartments, etc.' started by Marcia, Jul 28, 2017.

  1. Marcia

    Marcia Frequent Poster

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    No the council wont put us out on the street, but if the building is not insured we legally cannot stay there.
     
  2. cremeegg

    cremeegg Frequent Poster

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    I was thinking of the people living in the unapproved apartment(s)

    There is no legal requirement, as far as I know, to have any form of house or buildings insurance.
     
  3. Marcia

    Marcia Frequent Poster

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    I don't know, all I know is I couldn't get my mortgage without proving that the building was insured. If the building is not insured we will have to notify our lenders and may have to vacate the building. Anyway, the solicitor is sending the occupants of the illegal apartments one more letter asking them to leave and if they don't, an injunction will have to be served on them, which apparently costs a huge amount.
     
  4. cremeegg

    cremeegg Frequent Poster

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    Why would you have to vacate the building. I cannot see any connection between having no insurance and living in the building or not.

    Many homes in Ireland have no insurance for various reasons.

    Having insurance is a pre-condition of getting a mortgage, generally if you do not then keep up the insurance the mortgage company can take out insurance on your behalf and charge you for that. There is no question of the mortgage company forcing your out of your home.

    This is a difficult situation, but thinking that you will have to leave your home is a complete over reaction.
     
    Cervelo likes this.
  5. Seagull

    Seagull Frequent Poster

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    I think it's the receiver you need to deal with. There should at least be some money there to go after for legal fees if this winds up in court.
     
  6. cremeegg

    cremeegg Frequent Poster

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    Well you can't serve an injunction yourself, that is something only a court can do.

    From the facts outlined, I cannot see any basis for a court to grant an injunction against the occupants. Certainly, the fact that an apartment was built without planning permission is unlikely on its own to be an adequate basis for an injunction against the tenants to move out.
     
  7. Marcia

    Marcia Frequent Poster

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    I didn't say we would definitely be asked to vacate the building. There are two illegal apartments in the building which never had planning permission but which the original builder, who owns them, has been renting out for years. The insurance company obviously found out at some point and at first would only agree to insure the building less the two apartments but now they wont insure the building at all. If the building isn't insured we are obliged to notify our lenders of the situation. I don't know what their reaction will be but I imagine they wont be too happy. First of all, if there was a fire (or flood) in the building, we wont be insured. Secondly a fire (or flood) could start in the illegal apartments by occupants who shouldn't be there in the first place, and we wont be insured. If our homes are destroyed we wouldn't be insured - while moving out is probably a last resort, it is a possibility, albeit a remote one. In the meantime, they are taking legal advice and it looks like they will attempt to get an injunction.
     
  8. xoxoxo

    xoxoxo Frequent Poster

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    Who will pay the solicitors fee Marcia? Hope everything is resolved quickly for you.
     
  9. Monbretia

    Monbretia Frequent Poster

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    Moving out is neither here nor there, if there is no insurance and something happens then you are still liable for the mortgage whether you are living there or not so may as well stay there as trying to pay rent elsewhere and a mortgage.

    The lender won't be happy but ultimately the risk is yours as you are the one that would have to foot the bill if there is no insurance and something happens.

    I hope you get it sorted but the lender is not your biggest issue, insurance was a condition of your mortgage as it is all mortgages but your lender is unlikely to do anything if their is now no insurance, what can they do? They are not going to call in the loan because of it, once you keep paying the repayments nothing will happen with the lender.
     
  10. lantus

    lantus Frequent Poster

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    Firstly you will not have to move out when the insurance lapses. Don't even worry about it because no one will come to your door.

    I wouldn't even bother telling your lender.

    Have your omc held a meeting to discuss?