I live on the top floor of my apartment block; for the last few weeks, two jackdaws have been building their nest on the ledge above my balcony. They seem to build their nests from about 5am onwards each morning, waking my partner and me up. They are very loud and disruptive. I flagged this issue with our owners’ management company (OMC), but they are saying there is nothing to be done. The area they are building on would be dangerous for me to access on my own, but we can’t keep losing this much sleep. Is this situation really an issue I am personally responsible for?
When it comes to the occupation of an apartment block, residents are entitled to peaceful enjoyment of their apartment – and from what you have described, you do not seem to have any peace with this situation. It is a common problem in many buildings that birds can cause a nuisance, as they are for you.
In this regard, given that the building is owned by the OMC and the problem is created on the external facade, it is essentially the OMC’s responsibility to have this matter addressed. Even if you could, it is not your personal responsibility to resolve this issue.
Flagging an issue is different than making a specific and perfectly reasonable request. You should make a specific request to your OMC to have this addressed. The OMC should respond to you with a full explanation of why they are saying “nothing can be done”,’ and the context. For example, is it related to the time of year? It could be that they have to wait until a particular time to remove such a nest, as there are wildlife laws that prohibit interference with birds’ nests at particular times such as nesting season.
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You should seek further explanations from your OMC on whether or not they have inspected the area and looked at the problem. Have they obtained further advice from wildlife experts, and how do they plan to deal with the issue? In your communication to your OMC, you should request that they provide you with information on their plans to address the issue, pointing out that this is the responsibility of the OMC. If you are the owner of the apartment, you will find a provision in your lease agreement that states that you are entitled to peaceful enjoyment of your apartment, and the OMC has a responsibility to ensure that the terms of the lease are complied with.
If you are a tenant, you should check your tenancy agreement for the conditions of letting and the obligation of the landlord to provide a habitable environment for you to live in.
Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland
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