Fannishfun
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It’s usually the purchaser to establish for themselves that all regulations are complied with before they buy the house (via an Engineer’s Report”).We bought a house near Listowel, Co. Kerry, in 2008. It had been built in 2004.
In 2019, we found out that the septic system never complied with EPA standards, which should have prevented the council from ever issuing planning permission. Yet they did.
We have been issued a council order to remedy the septic system at a cost of, wait for it, €20,000.
We don’t have that kind of money, and frankly feel that the council bears a large part of the responsibility for the cost since they clearly didn’t do their planning duty.
My question is: can we sue for damages, and what kind of solicitor do we need for this? Thanks for any advice!
It’s usually the purchaser to establish for themselves that all regulations are complied with before they buy the house (via an Engineer’s Report”).
Perhaps, but the timing is very late. Statute of Limitations: Six years from the date of the breach. Worth a letter to the Engineer if the OP hired one to do a survey.@Johnno75
Can the Engineer not be held responsible and therefore his insurance? Surely the purchaser in employing an Engineer as you said above complies by relying on Engineer's Report.
Caveat emptor applies to property purchases. Unless the OP got a written guarantee from the vendor that all was in order, then there is no case.If you could sue anyone, it would be the original vendor, whose warranties you probably relied on when buying the house that all regulations were complied with.
Do you mean the proposed planning that was granted allowed for a system that didn't meet EPA standards as they stood in 2004? What is the compliance issue?In 2019, we found out that the septic system never complied with EPA standards, which should have prevented the council from ever issuing planning permission. Yet they did.
We don’t have that kind of money, and frankly feel that the council bears a large part of the responsibility for the cost since they clearly didn’t do their planning duty.
Don't think the registration of septic tanks was in place when they bought in 2008I presume you confirmed that the septic system was registered.
You're right, it wasn't required then. Thanks.Don't think the registration of septic tanks was in place when they bought in 2008
We have been issued a council order to remedy the septic system at a cost of, wait for it, €20,000.
That's the nub of it alright.So it's been a huge mess from beginning to end.
In 2019, we found out that the septic system never complied with EPA standards,
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