Q&A

Your property questions answered.

Can we insure our new garden?

We have just spent €30,000 on our front garden. Most of the money went on paving, planting and fencing and there is a small water feature. It's a lot of money and my question is, how do we handle this in terms of insurance?

This new trend of spending an absolute fortune on gardens is giving insurance companies something to think about and it's not proving as straightforward as it might appear.

The Insurance Federation advises that if you revamp your garden, you should contact your insurer and advise them of the changes and to establish what the position is regarding insurance cover.

Some items may be treated as fixtures and fittings which then can be noted under the "buildings section" of the policy.

However, this in turn, may have implications for the "buildings sum insured" which may need to be revised upwards.

Your new fences will typically be included under the definition of buildings and are therefore insured. However, storm or flood cover does not usually apply.

Your new paving, patios and footpaths are generally included under the standard definition of buildings and are therefore insured.

Your fantastically expensive new shrubs, threes and borders plants are generally excluded. As for your water feature. It depends what it's like.

If it can be described as a fixture and fitting, i.e., plumbed into the mains supply, set in concrete etc, then cover will usually apply under the buildings section of the policy. Otherwise, it may not be covered. Contact your own insurer for clarification.

When is an attic a bedroom?

We have a put a deposit on a house that was listed in the brochure as having three bedrooms - one of which was in the attic. The owner did the attic conversion himself and there were no certificates or anything like that. Our solicitor pressed him to get a Certificate of Compliance which he did.

However it says that the room is only for "non-habitable use" due to ceiling height (it seemed fine to us and it is being used as a bedroom). So it isn't technically a bedroom. Where do we stand now.

It is common for an attic conversion not to be classed a bedroom due to low ceiling height. In such cases, the attic is referred to as a "storage room" - even though it clearly has been used as a bedroom and may even have an en suite.

It was wrong for the estate agent to list it as a bedroom in the brochure because they should have been experienced enough to realise that it didn't comply with planning regulations as they relate to habitable spaces.

The certificate of compliance tells you that the conversion is structurally safe, complies with building regulations etc and your solicitor was wise to seek it - your lender will also want to see it.

Once such a certificate is in place and the room seems good enough to be a bedroom, most buyers are happy enough to go ahead with the sale.

However you might want to seek to renegotiate the price as you are now buying a two-bedroom house with storage instead of the listed three-bed.

• Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or email propertyquestions@irish-times.ie.

Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.