Can I get my neighbour to 'de-jungle' her garden?

Q My neighbours back garden is an overgrown jungle and I believe I’ve got rats under my shed as a result. Can I make my neighbour “de-jungle” her back garden?

AFirstly, you will need to contact a pest control company to deal with the rat problem which could be a danger to you and your family. The pest control company will produce a report detailing the issue and give an opinion as to whether your neighbour's overgrown garden has caused the rat infestation.

If that is the case, then your first point of contact should be with your neighbour in an attempt to resolve the issue amicably. You should discuss your concerns with your neighbour and advise her of the situation and of the findings of the pest control company.

You do not advise whether the house is rented out or perhaps your neighbour is elderly without the ability to deal with the problem personally.

If your neighbour is uncooperative, then I would advise you undertake the following action.

Firstly, contact your local authority or the Department of Environment, Community and Local Government and report your concerns, particularly the vermin issue immediately, given the report of the pest control company.

You could also contact the HSE, more especially if children use the garden and are likely to come in contact with rat droppings etc, which can be lethal.

If the above is not successful, you should inform your solicitor and take advice. You should also document your conversations with your neighbour.

If your house is for sale, ask your agent to prepare a report outlining the effect of the next door garden on value (if any), but also outlining the effect on marketability and the negative impact on viewings.

[ scsi.ie ]

Is retrospective planning required?

Q When we bought our Dublin city home years ago, it was “pre-63” with three flats (one on each storey). We occupied one flat ourselves, and let the other two. Over the years we took over first flat, then the second, so that eventually our family occupied the whole house. Along the way, we reconverted an upstairs room that had been partitioned into a kitchen and bathroom into a bedroom.

Naively, we never realised we might have needed planning permission for any of these changes (from multiple units to single residence) or the renovations. Now we are ready to downsize, and thinking of selling the house. It is still potentially in at least two “flats” (each with a kitchen and bathroom), and each floor still has its own separate electricity circuit board and meter.

Do we need to retrospectively apply for planning permission? Can we sell this as still in “multiple occupancy”, or would we be better off to market it as a single property, and if so, do we still need retrospective planning permission?

A Planning permission is not required to change pre- 63 units back into a single family home. When you sell your home, your solicitor will be asked to provide an architect’s/town planner’s “Opinion on Compliance with or Exemption from Planning Permission” to the vendor.

You need to ensure now that you will be able to provide such a document in order to close the sale. Therefore, it would be prudent to seek advice from an appropriately qualified professional in relation to this “Opinion” at the earliest opportunity and commission him/her to supply this to you (normal cost in the region of €350).

Your situation sounds complicated in that it is unclear whether your house is still technically in two units (the separate meter is a good start, but there are other considerations). An architect will be able to advise you about this. Remember that if it is deemed to be currently a single family house, then you will not be able to re-subdivide without planning permission and therefore will not be able to sell it as two units.

[ scsi.ie ]

Price discount but still no sale

Q Iam trying to sell my three-bed townhouse – one of a group of terraced houses in Co Limerick – at what I regard as a knockdown price of €140,000, so far without any luck. I dont want to rent it. How can I attract overseas buyers? I put it on private seller website but have had no luck.

A Our first recommendation would be to contact an estate agent in your area to ascertain the value of the property. Many agents provide this service free of charge and it might be an idea to contact a couple of agents and to select the one whom you feel is the most suitable for the job based on their experience and credentials. If you feel that the buyer is most likely to live overseas, that will also be a factor in selecting an estate agent.

You state that your property is on the market at a knockdown price of €140,000. While the low level of transactions taking place has made it more difficult to value properties, an agent will give a professional valuation based on recent comparables in the area. Pricing the property at its current value is the most important step.

Your estate agent will have access to a database of prospective purchasers who may be looking for a similar type property to yours. He or she will also have access to multiple listing avenues with regard to promoting your property for sale online and so can target prospective purchasers overseas. The agent will also produce a detailed colour brochure, highlighting the best features of your property.

Negotiating offers, providing advice, receiving deposit monies, issuing necessary paperwork and liaising with the solicitors on both sides of the transaction are also handled by the estate agent. You should ensure that your agent is fully licensed and bonded and is a member of one of the professional bodies.

[ scsi.ie ]

Property tax is a worry

Q I am a pensioner living in Dublin 14 and while I can afford to pay the €100 household charge this year, I am worried about the property tax based on valuation likely to follow. Are there likely to be concessions for people on fixed incomes, or should I think about selling my house to buy an apartment?

A The introduction of the household charge in the recent budget has predictably generated considerable comment. It is introduced as a precursor to a full property tax to provide funding to local authorities, and as part of the requirements under the EU/IMF/ECB bailout programme. It should also provide for a more consistent revenue stream for government, given the move away from the reliance on stamp duty. At present, it is a €100 flat rate charge and one would expect a high compliance rate, given the relatively low rate. It is paid by the property owner, and a separate charge from the NPPR tax imposed some years ago, also paid by the property owner.

With regard to how the “full” property tax is to be assessed and imposed, Minister for the Environment, Community and Local Government Phil Hogan has already stated that he is establishing an inter-departmental expert group to advise on this detail.

The Coalition’s programme for government did indicate that the government would look at a site valuation-based system, but the recent indications are that they are now looking at a property valuation-based system. Whatever form is introduced, it should be as fair and equitable as possible, and regard should be given for those on lower and fixed incomes, but this has not yet been set out in any degree of clarity.

At present, there are very limited concessions for those on lower or fixed incomes, such as pensioners, and there are some exemptions for those in some unfinished housing estates or those in receipt of mortgage interest supplement. Full information at householdcharge.ie.

I do not think you should base your decision to trade down on the uncertainty surrounding the finalising of the property tax, but it does seem to me that it may well be an opportunity for you to consider all of your circumstances.

[ scsi.ie ]

GOT A QUERY?:Send your queries to propertyquestions@irishtimes.com or to Property Questions, 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