FIRE IN TIMBER FRAME CONSTRUCTED HOUSES, NEWCASTLE, CO. DUBLIN. JULY 2009
SUSTAINABILITY WHAT SUSTAINABILITY / COMPLIANCE WHAT COMPLIANCE
Purchasers are for the most part unaware that their homes are unsafe, particularly where fire and fire spread is concerned within and between such buildings. Acoustics and installation standards are also not being adhered to. Accordingly the long term sustainability of such construction and assembly of timber frame houses and / or apartments as referenced is very questionable.
Compliance with what ? Inspected by who ? Certified by who ? Guaranteed and / or insured by who ? Legally signed off by who ? Such non-compliant dangerous timber frame construction is the norm rather than the exception, and can be found all over Ireland ! Such construction and the alleged certification of same from whatever source can only be described as criminal. Such behaviour is also a jailable offence as it is to knowingly put people and property at risk. How can this happen in a modern Ireland ? I would say quite easily, as purchasers are unaware of the following:
A) Engineers and Architects signing off such construction using the words substantial compliance (partially pregnant) = A Disclaimer.
B) Banks, Building Societies and Insurers appear not to question such happenings !
C) Structural guarantees and / or insurances provided by whoever, when thoroughly examined are found to be questionable to say the least.
D) Engineering and architectural institutes and such like bodies through their ignorance, arrogance or otherwise have been aiding and abetting such non-compliant un-certifiable dangerous construction, which amounts to reckless endangerment.
E) Builders / Developers using timber frame construction methods allege / infer in their literature through the use of the National Standards Authority of Ireland (NSAI) logo that their houses / apartments are NSAI approved, which of course is not the case. No such approval is given for the erection of timber frame houses and / or apartments onsite. The NSAI only provides an audit on the timber frame manufacturing process, and note: for houses only (Not Apartments).
F) However it should also be noted that under the auspices of the NSAI, the Irish Agrément Board (IAB) have issued an IAB certificate on similar timber frame construction methods, which can be viewed on this website, reference for example: Airside, Swords, which were similarly destroyed by fire in 2007. Such IAB incorrect certification and endorsement, whilst challenged by my colleagues and I, is still in place, which in its continuance, creates potential for further State liability.
G) Conveyancing (Legal Process), compliance with our National Mandatory Building and Fire Regulations, and the confirmation of same onsite, through proper certification by Architects / Engineers and the provision of structural guarantees or similar through insurance are prerequisite to the sale or purchase of a new property. This raises serious questions with regards to the issues of non-compliance as raised above, particularly when one takes into account that compliance with planning permission and Building Regulations is part of the legal title to a house or building !
THE PURCHASER DILEMMA
The above are only examples of how purchasers are mislead by the industry and the Legal profession as a whole where alleged compliance with our National Mandatory Building and Fire Regulations is concerned. Furthermore where it becomes known to them (The Purchaser) that their building / property is not up to standard, they become frightened, as such purchasers do not have the financial resources to take on the system that has put them in the position that they now find themselves in. They are also afraid of any publicity that could result in the devaluing of their property. Accordingly they may quietly sell up, and move on, or stay put, and take their chances. Therefore for the most part the problems and issues as raised remain unchallenged and unreported. Therein lies the purchaser's dilemma.
We would conclude that the provision for a class action should be sought from our Courts thereby enabling legal action to be taken at reasonable cost to the individual homeowner.