Owner created an access hatch to attic without permission

Hi all. This is an interesting thread which discusses ownership and use of common area attic space above apartments:

In that thread, some people have discussed adding attic access, possibly without considering the fire safety implications or even asking the OMC. In my apartment block, the attic is open across the top three apartments. The fire cert filed with Fingal CoCo helpfully mentions this fact in the conditions: "Separation between first floor and attic void to be a 60 minute compartment floor".

One of the apartments created Stira access to the attic and is using the attic for storage of boxes, cases and other cruft. The Stira was put in by cutting through the double slabbed plasterboard ceiling and the compartment floor. In my opinion this was a Bad Idea - it probably invalidates the fire cert not to mention our insurance. Indeed, when she attempted to sell, her Real Estate Agent immediately pointed out that this would cause problems in the sale. The Agent was on the ball there.

Her attitude is that the OMC should alter the structure of the apartment block by extending her walls up to the roof. My attitude is that she can go jump in the nearest lake. For my part, I'm trying to get the originally submitted plans from Fingal (not sure how this will help but it might show that there was no apartment access to the attic originally).

I believe what she did was illegal but I can't actually prove she did it even though she was the first owner. Needless to say, she denies that she put it in. Does it actually matter? Will the OMC have to sue to get her to remove the access, regardless of who put it in? Does this kind of thing often end up court?

PS: I had a related thread on this in which ElBastardo1 stated that "Banks are now asking questions on developments that have 'No Fire issues' has anyone actually checked there isn't.". Yes, people are asking questions now and finding that "no fire issues" doesn't mean squat unless you go and check!