Q&A

Your property questions answered

Oil leak on our patio

Q We bought a newly-built holiday home in Wexford in 2005. The developer told us that the oil tank in the back garden had leaked, due to a faulty connection, but assured us that he had “sorted it” and replaced the 500 litres. In 2007, we began to notice an oily shimmer on the patio which is situated at the lowest part of the garden and about 10 metres from the tank. Three years later, every time it rains, the “run-off” of rain from the direction of the tank has an oily streak. Apart from the fact that it is destroying the sandstone patio, I am concerned about the environmental issues surrounding this. Obviously, the developer did not deal with the spill correctly, nor do we believe he reported it. Have we left it too long to seek compensation for our ruined patio or, indeed, are we in trouble with the possibility of oil making its way under the actual house? (The garden falls towards the house.) The one thing that puzzles us is that the grass continues to grow along the suspected route of the oil seepage.

AThe damage caused by leaking oil tanks is usually covered under your home insurance policy and it's your insurer you should call. An assessor will come out to investigate the problem and recommend action. You say that the developer did not deal with the spill correctly. How do you know? You were two years in the house before you noticed an oil shimmer on the patio so it is possible that a new problem emerged. Oil tanks can develop leaks. Oil spills can be very complicated and difficult to deal with: in some cases contaminated soil must be professionally removed and it is not unusual for neighbours' gardens/patios to also be affected – which is where insurance comes into its own. The fact that the grass is still growing, and that your tank is clearly not haemorrhaging oil (or you would have acted sooner) suggests it is a slow or small leak – but it needs to be fixed. We contacted Wexford Co Council who say that the developer was under no obligation to report the spill.

Service fee a secret?

Q I am in the process of buying a duplex apartment in a small development. The estate agent was vague about how much the annual service charge is, saying it is “around €1,000” but giving no details. How do I find out exactly what is it?

AAs part of the conveyancing process, your solicitor will request a Section 37 declaration from the development's management company. This will show the accounts which will include vital information such as the amount of money in the sinking fund and how much each unit paid in annual service charges. A good sinking fund is important to deal with expensive issues such as resurfacing the car park, replacing electric gates, fixing the roof, repainting the exterior, etc. If the fund is low, you could find yourself levied with an extra charge or having the annual service charges dramatically increased to deal with expensive problems. When buying into a managed estate it is always worth trying to talk to someone who lives there to see how effective the management company is and how well the management agent works.

Your questions

Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or e-mail propertyquestions@irishtimes.com. This column is a readers’ service and is not intended to replace professional advice.