A man who created an extra bedroom by subdividing his £250,000 harbour view apartment has been ordered by a judge to reinstate the original layout and pay the complex management company £7,500 damages.
Mr Finbarr Kelleher, of Beechpark Lawn, Castleknock, Dublin, who bought the two-bedroom apartment in 1997 at Ross's Court, Victoria Terrace, Mellifont Avenue, Dun Laoghaire, now faces a legal costs and reinstatement bill of more than £25,000. Ms Anne Reilly, counsel for Ross's (Harbour View) Management Ltd, told Dublin Circuit Civil Court that Mr Kelleher had subdivided his large living-room to create an additional bedroom and had replaced carpets with wooden flooring which had created a noise nuisance to other residents.
She said Mr Kelleher had signed a 500-year lease containing a number of covenants designed to ensure orderly conduct and maintain the integrity of the complex. Ms Reilly said these included undertakings not to make any structural alteration, addition or change to the apartment's internal layout. Mr Kelleher also had undertaken not to alter principal bearing walls or timbers or electrical wiring, plumbing, pipes or cables of any kind. Other agreed clauses had specified the laying and maintenance of carpets or other approved floor covering as a precaution against noise.
Ms Reilly told Judge Liam Devally that Mr Kelleher had conceded in cross-examination that he had altered the internal layout of the apartment. Mr Conor Bowman, counsel for Mr Kelleher, submitted that the work carried out had not constituted a structural alteration or addition to the apartment.
Judge Devally said the creation of a third bedroom with extra electrical wiring, power points and plumbing had been an addition to the apartment and constituted a significant change in the internal layout. He granted an injunction directing Mr Kelleher to reinstate the premises forthwith; to lay and maintain approved floor covering and pay the management company £7,500 damages and legal costs.