belmayneblog-blog - Tumblr blog

[belmayneblog-blog]

January 2018 

The following post was submitted by a former resident of Belmayne in Dublin. Due to ongoing legal issues surrounding defects at the property the author has asked not to be identified. The opinions expressed are those of the author. Defects in the development were reported in the media back in 2012 (see post here) and NAMA have part-funded fire-safety repairs for 80 units owned by NAMA (see here).

We went mad borrowing…

On the contrary, we saved diligently for many years to build up a deposit to purchase a home. Then when this had been achieved, like many others in a climate of outrageous property price inflation, not held in check by government, a loan was attained to purchase a home to live in, not invest in.

This is another sorry story of developers bailed out by a government agency but residents left holding the overflowing can of, developer, local authority and government failure. Failure of the developer and many relevant government and local authorities to enforce building controls.

I am a former resident and alleged property owner in Belmayne. 

I am not involved nor have I ever been involved in construction, but have picked up some concerning facts during a protracted legal case to get identified failings in the construction of the property remedied. Four years ago, I moved my family out of the development into rental accommodation due to concerns in relation to the lack of fire protection in the development. Out of a property which I’ve been advised is of dangerous construction, and which poses an imminent threat to life should a fire occur.

What initially manifested itself as acoustic problems quickly led to the discovery of serious breaches of ‘mandatory’ building and fire safety regulations; I repeat ‘mandatory’ because breaching these regulations means breaking the law, it’s really that simple…oh but self-certification, sure it was bound to fail, or was it?

Regulations were put in place to protect people when purchasing properties. Because people have lost their lives in the past, and apparently, we’d done the right thing, learned, and introduced appropriate controls. Regulations, which if adhered to and enforced are adequate to ensure properties are built safely.

But unfortunately, these breaches are repeated extensively throughout the development. Belmayne as I understand it is a mix of concrete, steel frame and timber frame townhouse and apartment units. A large proportion of the units are timber frame. Most of the timber frame construction involves high-density units for which in my view it is generally inappropriate. Timber frame vested-interests will claim otherwise ‘designed / built to standards used all over the western world etc.’ however a quick search online will show many instances of the failure of these building systems to contain a fire.

It is inappropriate because if it is not designed and built to a high standard and to regulation, and should a fire take hold, these structures burn very quickly due to the inherent lack of fire protection. This is borne out by the catastrophic fire in Millfield Manor, Kildare, where six terrace houses burnt down in less than 30 minutes. They share almost the same design and construction as the timber frame properties in Belmayne. This is timber frame with a block facade and a cavity in between, which is often incorrectly fire stopped allowing for carbon monoxide and fire to travel between units unnoticed.

Amazingly no one lost their lives in Millfield, probably due to the time of day, but that is not a defence (see Examiner article here).

That’s not to say timber frame cannot be built safely, but is it worth taking the risk given the outcome if buildings are not built correctly? It is my understanding that most timber frame construction in Ireland by law, or any other innovative building system used in any other EU jurisdiction for that matter, requires what’s known as an Agrément Certificate to ensure they meet ‘mandatory’ building regulations, this is because these systems usually do not have a long history of use (see link here). Belmayne used the Kingspan Century Medium Rise Timber Frame Construction System, 01/02/2004 amended in 2007. The amendment is important as it shows corrections were made to this design three years after it was originally certified and around the same time it started to be used in Belmayne. Elements of the design appear to make reference to or have been repurposed from previous concrete designs or practices, which are not appropriate for timber frame. So for example compartment floors have intermediate floor design, which I’ve been informed, is a condemnable shortcoming (see NSAI link here).

And so this is where the problems began...

In many cases the basic design of timber frame is not done fully in accordance with ‘mandatory’ building regulations. This has nothing to do with self-certification, the design is flawed from the outset and much of the building is prefabricated then erected onsite. The benefit of this is of course that they can be constructed quickly, not necessarily cheaply. So practically every building using the design shares the same inherent flaws. The Agrément Certificate is drawn up by the manufacturer and certified by the NSAI. The Agrément Certificate sets out the design and the associated collection of materials, which must be used in accordance with their intended purpose or as specified and tested by their manufacturers and used accordingly in the context of the building system / design. So, the building system itself must meet ‘mandatory’ building regulations and in turn fire safety regulations, it’s on this basis that fire certificates are issued.

‘Irish Agrément Board Certificates establish proof that the certified products are ‘proper materials’ suitable for their intended use under Irish site conditions, and in accordance with the Building Regulations 1997 to 2006.’

Problem is the suitability of the materials and the overall design often comes nowhere near ‘mandatory’ regulations. So, the design does not fully comply with the regulations to begin with, but is certified by the relevant standards authorities nonetheless. However, any property using a flawed design, which does not meet regulations, should not receive a fire certificate or planning, so technically should not legally exist.

Add to this, builders with lack of expertise in this type of construction who can’t even follow the flawed design when erecting the structure and fail to put in the adequate fire stops etc., often because it interferes with their block work. Plus, certifiers, indicating substantial compliance, whatever that means, surely it complies with regulations or doesn’t? Without ever inspecting or being able to inspect the properties properly.

Many of the problems then become buried within the enclosed envelope of the finished structure, so are hard to see even if you were to enlist the services of a surveyor. They would need to open up the structure to get visibility of the problems. Where the designs are flawed, the problems are repeated throughout most of these types of developments. There are a huge number of properties with inadequate fire protection all over the country. There have been a number of fires in recent years in timber frame developments.

Terenure an older build but fire spread through a terrace of houses at roof level (see CJ Walsh article here).

Airfield, Swords a fire started by a handy man fixing a timber frame balcony with a blow torch, which spread up into the roof space &     through the terrace of dwellings (download Irish Concrete PDF here).

Millfield Manor, Kildare mentioned earlier, a catastrophic fire (see Examiner article here). 

At least 6 engineers acting on behalf of residents have inspected 6 / 7 properties including my own alleged property in Belmayne. Very experienced, and knowledgeable engineers with many years of expertise in structural engineering, in particular as it relates to fire protection. Also, engineers acting on behalf of the Developer, Stanley Holdings, whose loans were transferred to NAMA, also with decades of experience. Many issues have been noted, including serious structural failures which should mean the properties are condemned, yet the Developer and Local Authorities have publicly declared nothing is wrong with the properties other than an 80mm gap at ceiling height for which they’ve conducted ‘un-certifiable’ remedial works in 220+ units funded by NAMA to the tune of approximately €4 million, possibly more.

They’ve also been quietly attempting to ‘un-certifiably’ fix identified problems with incorrectly fitted slabs in the common roof space, yet the properties are supposed to be fine other than the 80mm gap. Conducting ‘Pyrite’ works in ground floor common areas without notifying residents or working with them to coordinate or complete similar works on the floors of the privately-owned units.

Dublin Fire Brigade also inspected the plans and again found nothing wrong. This was some time prior to a recent inspection, ‘which I repeat’, uncovered many issues, many serious. They didn’t even bother properly inspecting the properties themselves, not that they’d know what to look for! Many of the failings in the common areas would put their own personnel at risk if entering a building where a fire had started. Plus, they would struggle to locate the fire once it entered the cavities. Even the so-called fixed properties such as the ones in the video clip below; show serious lack of fire protection. The clip demonstrates the potential for fast spread of dangerous gas and fire into four properties in less than ten minutes (watch video here).

Responsible parties including the government allowed this to happen and they are trying to quietly brush it under the carpet, too big & hot (excuse the pun) to handle. Regular and repeated outreach to government departments / ministers, has resulted in recommendations to seek legal advice. Even though, the ‘mandatory’ regulations particularly in relation to how they apply to these buildings and as set out in the Building Control and Fire Services Acts, which I might add are in statute and have not and cannot be changed, other than by both houses of the Oireachtas, yet have clearly been broken.

Self-certification cannot apply as a defence. Contact with Local Authorities including the Council and recently the Fire Service have resulted in recommendations to seek legal advice too, rather than them exercising their legal obligation to enact an enforcement order, given the serious nature of the problems and imminent threat to life. Insurance companies continue to provide block insurance at exorbitant rates even though the management company has not briefed them on the full extent of the identified problems, which would surely mean no insurer would accept the risk.

Unfortunately, the initial reaction from the legal profession is usually to revert to type, many have never heard of an Agrément Certificate. They will look to put the purchaser back in the same position as they expected to be in when they purchased. Unless of course, you instruct them otherwise. Importantly ‘caveat emptor’ does not apply with new builds and what they fail to grasp is that in order to create separate entity and 60-minute burn time and proper compartmentation as dictated by the regulations, every connected unit needs to have the same remedial works completed to make them all compliant, it’s not sufficient to fix just one and it’s not sufficient to address just one problem.

Is anyone going to be accountable now, or when it’s too late?