Council refusing to take over small housing estate

n.d.os

https://www.boards.ie/discussion/comment/120560693#Comment_120560693

We don't know yet. I think that's the best solution for everyone. I'm sure we will find out soon enough.

Mellor

https://www.boards.ie/discussion/comment/120558375#Comment_120558375

Its understandable that you are emotionally attached to the issues. But everything you’ve said is incorrect. I dont think burying your head in the sane like that is helpful.

I’ve read all the posts. I understand the legal requirements, likely a lot better than the residents. I giving you very straight advice.

The council are not obligated to take over estates with enforcement issues. Such as this estate. They will take ug over if those issues are fixed. That is exactly what I described. I’ve no idea what you think I’ve “made up”.

I did not berated the residents. You took a risk buying unfinished property. That risk falls back on you. That is a fact. Which you seem to accept above, not is pointing that out berating?

The repairs requested by the council caused the problem? I highly doubt that is the case. If it was fine before, then why was there enforcement?

The developer will not make the repairs and cannot be forced to? Lol. Stop listening to whoever told you that. The developer is the responsibility person, you have a legal contract with then that they have breached. You may be able to attach the council/builder to a claim. But your strongest legal recourse is with the developer as that is who you have a contract with.

Mrs OBumble

https://www.boards.ie/discussion/comment/120559678#Comment_120559678

I can only assume that's the way you treated the advice given by your solicitor when you first bought the house, and by by any other legal advisors since.

My sympathy lies very strongly with the solicitor. And that's not something which can be said very often.

Indestructable

I think your bigger issue lies with the reed bed sewage treatment. The council will want nothing to do with that, they won't have the staff with expertise to maintain it. Let us know if they mention it at the meeting, I'm curious to see how that goes, and good luck OP.

Dav010

https://www.boards.ie/discussion/comment/120561335#Comment_120561335

The op may know who the developer is, he may even live next door to him, but the development company which built the estate may no longer exist given the estate wasn’t finished and he houses were built over a decade ago. So the chances of being able to compel the guy who lives next door to do anything may be zero.

Mellor

https://www.boards.ie/discussion/comment/120561407#Comment_120561407

Sure, if the developer no longer exists then that recourse is unlikely to be useful. However that doesn’t change the fact that the developer is responsible and not the council as claimed.

Saying “the problem is not our property” is head in the sand stuff. The estate is the residents property and has been for a decade. Its unfortunate that residents are left holding poorly built roads, if sewerage was never to LA requirements to save costs that’s the burden of investing.

Council are obligated to take over estates, but not unconditionally. They are not obliged to bail out bad debts - although the government provide funds for Councils to do this previously. That would have been an easier time to have it taken in charge.

n.d.os

https://www.boards.ie/discussion/comment/120561380#Comment_120561380

We are happy to manage the sewage and treatment and have a good system in place for this. I think its unrealistic to think that the council could do that for us as it requires regular cutting, chipping and disposal away from the estate.

Yes, it will be interesting to see if they bring it up.

n.d.os

https://www.boards.ie/discussion/comment/120561407#Comment_120561407

Yes, the development company is long gone and although I don't know them personally, others in the estate are friendly with the developer. I think you've correctly examined how messy it is.

GNWoodd

https://www.boards.ie/discussion/comment/120561621#Comment_120561621

Are you being serious ?

Of course the Council will bring it up .In terms of waste water disposal they will also require underground cctv of the existing system to check for defects .

Former Former Former

https://www.boards.ie/discussion/comment/120561621#Comment_120561621

I have to say, if I'm a council official reading the above, then my first reaction would be that as soon as the estate gets taken in charge, they'll want to be connected to the main drainage.

You have my sympathy for the situation you're in but you're asking the council to take on a huge financial burden.

n.d.os

https://www.boards.ie/discussion/comment/120562066#Comment_120562066

We are some distance from the road. The esate next to us was taken over in 2006 by the council. They have willows and private wells. Let's wait and see what they say. It doesn't bother me personally if they took us over and connected the house to main road services.

Mellor

https://www.boards.ie/discussion/comment/120561697#Comment_120561697

The company is long gone from involvement in the estate? Or from existence. If the latter, its unfortunate, but falls to the owners. Seems like the developer screwed over a few locals who they know personally.

These case are why professional advice is helpful when purchasing unfinished / high risk property.