Property Clinic

Your queries answered

Q We live in a 1970s semi-detached home which has a separate kitchen and diningroom. We feel a combined kitchen/diner would be a better use of space. The wall in between is weight-bearing. If we put in an RSJ, will an engineer need to sign off on this, in the event that we should ever wish to sell on? Are there other implications in the event of selling on? Thank you for your assistance.

AIt is fairly common practice to have internal walls taken down to create a larger, open-plan space to suit the practical needs of home owners.

Interestingly, virtually all internal alterations of this nature do not require any planning permission, as the work does not impact in any way on the overall external appearance of the house and thus is exempted from a planning point of view.

However this kind of work does constitute a material alteration as defined by the Building Control Act and thus you will have to ensure that any works carried out comply with all relevant building regulation standards. At the moment, and indeed since the introduction of the building regulations in 1992, compliance with building regulations relies largely on a system of self certification. This simply means that there is no third party involvement for the local authority/building control authority and it is up to the client/developer to ensure that the works meet the standards. This is normally done by engaging an appropriate qualified building professional to sign off on the work.

In your case, you have already identified that the wall is weight or load bearing and that an RSJ (steel beam) is required. This work will ultimately need to be signed off and in order to avoid any potential shortcomings, it would be prudent to get the the engineer or chartered building surveyor to assess the situation and advise on the extent of work required, including the size of the beam and any specific details on how the beam is to be supported.

The engineer/surveyor should then inspect the works during the course of construction and on completion and then issue the appropriate certificate of compliance.

Whilst the above issue of certification relates largely to the structural integrity, it is important to realise that there are indeed other regulations that need to be complied with.

For example, if you plan on removing a wall at ground floor level which may have previously separated off the entrance hallway or staircase, this could have a major impact on fire safety in terms of the means of escape from the upstairs bedrooms in that the staircase may now be discharging into a kitchen/livingroom rather than a separate hall. Accordingly it is important that the building and any proposed alterations are viewed holistically in order to ensure that all relevant regulations are being complied with and that you are not simply focused on the issue of the structural adequacy of the work. Therefore it is well worth consulting your engineer or chartered building surveyor prior to undertaking any works.

Although it’s possibly outside the scope of your question, it is our experience that we are often called in to issue certificates of compliance long after the works have been done and more often than not just in advance of an intended sale. The difficulty with this is that the works are all covered up and the steel beam is concealed from view and thus the certificate by necessity is based on a visual inspection and takes no account of works covered up.

Whilst such a certificate is of limited meaning, ironically, it is fully acceptable in facilitating a property transaction and this may help to explain how poor quality work has been covered up and signed off on on some high profile buildings which have been discussed in the media over the past few years. For this reason, certificates are now being more thoroughly scrutinised by solicitors when properties are being acquired and thus it is clearly much better if a vendor can produce a certificate which is based on inspections carried out at the same time as the works. Hence the importance of bringing in your professional building consultant at the earliest opportunity.

Val O’Brien is a chartered building surveyor

Q I am concerned that my mother will have to pay property tax on her flat. It was constructed around four years ago and is adjacent to the family house in which myself and my family live on our family farm. I understand that I will have to pay the tax but what about my mother? Do I need to get her flat valued or is it included in the value of my house as it is technically built onto the side of it?

AThe proposed introduction of a widespread Local Property Tax (LPT) has brought about a great deal of concern among many homeowners. This is understandable given that it is being introduced for the first time and we are all unfamiliar with it. In order to improve homeowners' understanding of how the property tax will be accessed and collected, the Revenue will shortly be issuing a comprehensive guide which I assume will be issued directly to all property owners and/or freely available from the Revenue web site. This should help to clarify many of the questions that remain. It is worth noting that the tax does not become effective until July so there are a number of months yet to determine your tax status and liability.

The recent Finance Bill has introduced some minor adjustments to the act but it is broadly in line with the originally published proposals. While we wait for further detailed information in this respect from the Revenue Commissioners, one suspects that the matter of a “granny flat” will not have been explicitly dealt with in the Finance Bill.

However, normally such properties are for all intent and purposes considered to be part of the main house. I expect the ownership of the property will ultimately determine whether your mother’s flat will have to be addressed separately or as part of your property.

If it is the latter, then the additional value of the flat will be added on to the value of your own house and this may well push you into a higher tax band. If however, it is considered to be an independent habitable dwelling, then the property will have to be valued separately from your own home despite the fact that it adjoins it.

You mention that her flat is attached onto the side of your house which is located within a farm. This type of property would have a limited market appeal and therefore even if it is to accessed separately, the likely value would be quite low and may well be at the lower end of the value spectrum resulting in a low annual tax charge.

Gerard O'Toole is vice-chairman of the western region of the Society of Chartered Surveyors Ireland, scsi.ie

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or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2. This column is a readers’ service. Advice given is general and individual advice should always be sought